Legal Question in Family Law in New Hampshire

Restricting non-custodial parent from extra-curricular activities

I have joint legal custody of my 5 year old daughter. We were never married, and have visitation every other weekend plus holidays. She lives in NH, and I live in MA. I pay child support every month.

Recently, her mother has stated that I am not to contact my daughter's Dance studio, or attend her practices. She is also not allowing me to purchase tickets for my daughter's upcoming dance recital. Her mother thinks that since I'm not giving any extra money towards the dance classes, that I shouldn't be allowed to be involved. She's trying to exclude me from my daughter's activities. Can she legally do this? Do I have any recourse through the courts in NH?

Thanks in advance for any advice you can offer!


Asked on 4/17/07, 12:02 am

2 Answers from Attorneys

Bruce L. Dorner Dorner Law Office

Re: Restricting non-custodial parent from extra-curricular activities

I would need to see the court decree in order to more fully answer your question. However, assuming it is a NH decree, joint custody (now called shared pareting rights and responsiblities), is just that --- joint! You have a joint right to particpate in all of life's actvities your daughter enjoys. You do have a right to enforce your parenting rights and responsibilities in court. New Hampshire has case law indicating that child support is what you pay. The court generally can not order you to pay for extra curricular activities such as dance. How mother uses the child support is within her discretion.

As with all legal matters, more details would enable a better and more precise answer. Additional facts might change the way this problem can be approached.

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Answered on 4/17/07, 7:42 am
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Restricting non-custodial parent from extra-curricular activities

You have every right to purchase tickets and attend. Call the dance school yourself.

Please be aware that your Massachusetts decree will need to be enforced in New Hampshire, under New Hampshire law. The prior writer's approach suggests the same result in New Hampshire as would occur here, but you should definitely seek assistance from an attorney licensed in New Hampshire.

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Answered on 4/17/07, 2:03 pm


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