Conference quokka::non_custodial_parents

    
    161.0  Oh!!  we live in the nashua area!

    Andy,
    
    	How is he hunt going?? Find anyone yet?

    
    Yo!!
    
    Well We received a letter from the court stating THAT we (grandparents)
    will have custody of the child!!  I haven't read the letter yet, it
    came in the mail this morning, but I'm happy the judge realize that 
    sending this 2 yr old back to it's mother IS NOT in the best interest 
    of the child!  Again we are very happy, but I also believe there's 
    another court date (mid-november) and I'm not sure what that is. (my
    son read it to me...rather lenghty..so I'll know more tonight)
    
    As for a lawyer..........................  I'll agree you got to look 
    around!  The one we had  we were no happy with, but everything worked
    out ok... We dumped this lawyer for another, and quite frankly we are
    getting positive results with this one.  He keeps us informed, is what
    I or I should say we like!!
    
    More later
    
    Andy
    
    

    
    Another day in court yesterday, and the judge continued the arrangement
    of our granddaughter living with us for 3 more months.  But we are
    wondering how much longer will the court keep continuing this type of 
    arrangement, of the grandchild living with the grandparent.   What I
    mean is there has to be a time when the court realizes that putting the
    child back with it's mother IS NOT in the best interest of the child!
    
    Although the Dept of youth services, has recommeded that it's primary
    goal IS to place the child back with it's mother.  (NO MATTER WHAT THE
    CASE IS AGAINST IT'S MOTHER).  The judge thanks DYS for it's
    recommendations BUT that's not always the case in the eyes of his
    court!  So it looks like a long drawn out process over WHO get's the
    child.  We know one thing IF the mother get's the child back neither us 
    grandpaprents nor my son will be able to see the child.   She'll blame
    us for her problems, and all we did was protect the child from physical 
    abuse...
    
    It may take some money, but granted NO ONE will get away with beating a 
    less than 2 yr old kid.   We have filed to Suprior Court for custody
    BUT we have been informed that the mother hasn't been served papers
    yet??  Wondering if anyone can help me in this area, as to how this
    process works!
    
    Well I'll keep in touch
    
    Andy

    Process Service usually requires a certified copy of the papaers
    being served personally on the participant by a third party.
    Most Sheriff's departments have a section that will do this for a 
    nominal fee.  Get a certified copy of the papers fromt he court,
    got to the sherrif's office and have them serve the papers.  They
    should then give you some sort of sworn affidavit that they 
    served her with the papers.  Take the affidavit back to the
    court and have it filed.
    
    If you have a lawyer,  he should be taking care of this.  Check
    with him.
    
    fred();

You should go to the library and read the Custody chapters of N.H.
Family Practice by Chuck Douglas or buy it from Equity Publishing
in Oxford N.H.  It's about sixty-five dollars.  Also read the cases
of Ross v. Gadwah and Perrault v. Cook.  Ross v. Gadwah ws in 12/88
so it should be in NH Reports vol 131 or 132.  I think Perrault v.
Cook was around 1974 so it should be around vol 114.  Preston v.
Mercieri may also be helpful to you, but it is not yet in the reports
so you would need to get it from the Supreme Court Library in Concord.
It wouldn't hurt to also take some time and just start going through
these NH Reports to find cases that are related to yours.  You should
also have someone with access to Westlaw or Lexus search for cases
where people other than the parents were awarded custody.  Your
attorney probably has access to these services, but a cheaper way is
to find a law student to get the info for you.  They normally
have access to these services at no cost and the lawyer will pass
the cost on to you and it is very expensive.

  I know that you have counsel, but remember, he/she gets paid whether
you win or lose and at this point in the game, you should have some
clue what your attorney is planning on doing for you and your grandchild.
I don't see any hint of that in your note.  If you really want to ensure
the safety of your grandchild, It is important for you to know what factors
the court uses in determining custody since your attorney will have little
involvement in the investigation itself and you must also know what the
statutes and case law are regarding cases like yours.  This may be difficult
since the court usually seals records in abuse cases.  Please don't be
fooled into thinking that this will all be resolved by dumping some money
at it.  It might also be a good idea to go to some fathers/childrens
rights group meetings as I have suggested before.  I have received a great
deal of valuable information there.

Regards,
Gary

    re. 9 Gary
    
    Good idea!  Find out what the courts are looking for, then give it
    to them.
    
    fred();