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Mother asked the court to dismiss the matter as she and the children had been residing in Massachusetts for over a year and she had already filed a motion in the Massachusetts Probate & Family Court to modify the parties’ divorce decree and parenting plan.
The court granted mother’s motion to dismiss finding that it was appropriate for the court to decline continuing jurisdiction over this matter because mother and the children no longer had a significant connection with the State of New Hampshire.
Until 2012, the burden of proof to terminate a guardianship of a child was placed upon the parent to show, by a preponderance of the evidence, that the substitution or supplementation of parental care and supervision was no longer necessary to provide for the child’s essential physical and safety which implemented a two-tier standard for fit and unfit parents.
The above standard still applied in cases where parents had contested a guardianship and the guardianship was granted over their objection.
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The 9th Circuit – Family Division – Manchester denied the father’s requested relief and entered a new parenting plan providing father with parenting time on alternating weekends, summers, school vacations and time in Natick as the father was available.
In December of 2013 father again asked the court to modify the parties’ parenting plan.
Nuclear families often have annual holiday traditions.
A family may spend each Thanksgiving with paternal grandparents, Easter with a favorite uncle and Christmas Eve at church services with maternal grandparents. However, if parents divorce, kids are split, often into alternating holidays.
The parents could still alternate the Christmas overnight, but maintain a consistent, fixed schedule for the remaining holiday time.