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Catherine Tucker

Catherine Tucker’s Answers

21 total

  • Paternity: How can I put my boyfriend's name on the birth certificate if I'm still married?

    My husband and I separated (not legally, just living apart with intent to divorce) a year ago. I am currently pregnant and due in December. I was informed by my doctor that because I am still married, my husband will automatically be put on the bi...

    Catherine’s Answer

    Congratulations on your upcoming baby.

    There are really two separate parts to this question. First is whether your husband's name goes on the birth certificate. I'm sure your doctor was trying to be helpful, but placing a husband's name on the birth certificate is not necessarily an automatic procedure and there are ways to prevent his name from appearing on the birth certificate. The second question is how to get your boyfriend's name on the birth certificate. This can be accomplished through several methods, including filing a 3 party affidavit of paternity or court action. There are significant legal implications to establishing paternity via these methods, and it is important that you thoroughly understand those legal issues before proceeding. Thus, i recommend you speak with an attorney to fully understand your, and your child's, legal rights before proceeding.

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  • I am a new mom with a seizure disorder. the father is challenging my parental rights because of this as well as DCYF. can he?

    I am a brand new mom with a seizure disorder on a VERY limited income. The father of my child is challenging my ability to be a mom..DCYF is demanding that he have sole custody of our child as well as decision making. Can that be done due to me ha...

    Catherine’s Answer

    Congratulations on your new baby.

    I encourage you to speak to an attorney because this situation can be tricky if both the child's father and DCYF are claiming that you are not fit to parent due to a medical condition. You can learn about some low and no cost legal services available to low income residents at: http://www.nhbar.org/for-the-public/free-legal-services.asp.

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  • Can i terminate my parental rights to protect my wife and other kids?

    im married and have been with my wife for about 10 years. 2 years ago i had an affair and the woman got pregnant. She chose to have this child even though i told her i didnt see it possible for me to be in its life. My wife and i have two boys and...

    Catherine’s Answer

    There are very limited circumstances under which an individual's parental rights can be terminated in New Hampshire. One example of when parental rights could be terminated would be if a stepparent were willing to adopt the child. Please talk to a lawyer to find out exactly what the applicable laws are for your particular situation.

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  • My daughter is one month old and her father want's to meet her. I haven't spoken to him at all during my pregnancy.

    He is just now asking me to meet her. All he does is party, and did not seem to care about her at all up until now. What should I do? I am currently in the process of filing for custody. I don't have a set court date yet, and I do not want to do a...

    Catherine’s Answer

    Congratulations on your new baby!

    Please discuss this situation with a lawyer. You are smart to not want to do anything that a judge would frown upon, and a lawyer can help you come up with a plan of action that is right for your particular situation. There are issues here relative to the establishment of paternity, the establishment of parenting time and parental rights ("visitation" and "custody"), the the establishment of child support, and your ability to choose the child's last name, as well as possibly other issues.

    In NH, we have something known as limited representation, so that you can have an attorney help you with part of your situation, without having to hire the attorney for your whole case. This means that hiring an attorney can be much more affordable than you think. We also have services available for persons who have limited financial resources. http://www.nhbar.org/for-the-public/free-legal-services.asp.

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  • What is acceptable amount of money to have written into a prenuptial agreement settlement?

    Having to sign a prenup, the amount to me in case of death or divorce is 100,000. I think the amount should increase over time but I don't know what is a common amount. We are both in our 40's second marriages. He is very wealthy, I am not but I d...

    Catherine’s Answer

    This is a question you need to be discussing with your own attorney.

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  • Can i change my sons last name from my maiden name to married name with out biological fathers consent?

    my sons biological father has never seen or spoken to him, is not listed on birth certificate, and i do not know his whereabouts. my husband has been with me through the pregnancy and through our sons life which he is over 2 years old.

    Catherine’s Answer

    You typically need the consent of the legal father for a name change. Whether your husband or the man who contributed the sperm would be considered the legal father is a more complicated question and something you should discuss with an attorney.

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  • Can a 16 yr old in MA legally have platonic relationship with a 34 year old?

    I am 34 yrs old living in NH, I gave a baby up for adoption 16 years ago. She found me, and want to have contact. Her parents don't want us to. can she legally contact me? can we visit? what happens if she runs away and crosses state lines to see...

    Catherine’s Answer

    For a myriad of reasons, it is not a good idea to communicate with a minor behind her parents' back in the manner that you propose. You need to remember that you are not her legal parent. I think the best thing for you to do would be to speak with either an attorney or social worker who is experienced with such issues so that you can come up with an appropriate plan to have contact with your daughter.

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  • I am looking for a pro bono lawyer to help with a modification of my child support order i live in NH but the case is in ma can

    it has already been filed through mass dor i need to someone to represent me

    Catherine’s Answer

    Agreed that you need a Mass. lawyer. Information about legal aid services in Mass. is available here. http://www.masslegalservices.org/FindLegalAid

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  • Is the Dealer still protected by the "As Is" contract that he had me signed ?

    I bought a used Audi 2001 4 Quarto from Auto Lot User car in Hudson , NH , on Feb . 19 / 2013 . It was making little noise from the front of the engine ; the dealer implied that it is a minor problem and could be fixed for $ 20 . The dealer had me...

    Catherine’s Answer

    You may wish to contact the NH Auto Dealers Association AutoCap program or the NH Attorney General's Office Consumer Protection Bureau to discuss this matter.

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  • I was told I was asked to be sperm donor, now I am being sued for paternity support. Am I liable?

    I had an on and off affair with a co-worker that span 7-8 years. I told her specifically I did not want children since I was married and had 3 children already. When she turned 49 she decide she wanted to have a child through IVF (in-vitro fertil...

    Catherine’s Answer

    This is a complex situation. Factors that will make a difference include the location of the clinic, the location of the birth, any paperwork that was completed (and there should be quite a bit since it appears that an egg donor was used) and what the clinic was told about your role. You are going to need to speak to an attorney to sort all of this out.

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