Full question:
1. If a parent has sole physical custody, and joint legal custody, does the parent who has physical custody have to send a sick child to the non-custodial parent because its their weekend with child? 2. I feel misconduct in the court system resulted in the loss of physical custody of my children who were 11, and 13 at the time. Do I have any legal recourse?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: New Hampshire
Answer:
1. Physical custody means the right to provide a child's primary residence, while legal custody involves making important decisions about the child's life, such as education and healthcare (RSA 458:17). In cases of joint legal custody, both parents share the responsibility for making these decisions and must cooperate. Court-ordered visitation schedules must be followed. If a child is sick, parents should communicate and resolve any visitation issues together. If they cannot cooperate, the court may grant sole legal custody to one parent. If abuse is found, the court may change custody arrangements to protect the child and the abused parent. Typically, one parent has primary physical custody, and the other has visitation rights. Joint physical custody is less common and requires parents to live close enough to facilitate the child's transportation to school.
2. If you believe misconduct by an attorney affected your custody case, you can file a grievance with the Attorney Discipline Office of the Supreme Court. This must be in writing, submitted within two years of the alleged misconduct, and include specific facts that support your claim. The grievance must be sworn before a notary public. For judicial misconduct, contact the NH Supreme Court Committee on Judicial Conduct, also within two years, and follow similar procedures. Grievances against lawyers should be sent to: NH Supreme Court, Attorney Discipline Office, 4 Park Street, Suite 304, Concord, NH 03301. Complaints against judges should go to: NH Supreme Court Committee on Judicial Conduct, 383 Central Avenue, Suite 303, Dover, NH 03820.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.