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Tracy A Bernson

Tracy Bernson’s Answers

17 total


  • What to do!?

    My step daughter is 8, her bio mother has never been there for her from day one my husband has primary custody of our daughter from age 3. When our daughter goes and visits her every other weekend she come back a monster hitting yelling ect , Th...

    Tracy’s Answer

    I'm not sure what you are asking about in your fact pattern. If you are looking to terminate parental rights, your husband can do so if he can satisfy the legal requirements. These types of cases can be very complicated and we highly recommend meeting with a lawyer who has a lot if experience in these types of cases.

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  • Can you help me drop a restraining order?

    My boyfriend and I got into an fight about his drinking while I was 9 months pregnant with our child. He shoved me into our couch and the cops were called. I had a restraining order by the court which was good until June of 2015. I wasn't planning...

    Tracy’s Answer

    It's not clear why he was sent to prison. If there are sentencing restrictions precluding contact with you, success is unlikely until he completes his sentence.

    One thing is for certain - if you keep talking to him he'll do more time.

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  • URGENT help needed regards to a Mass restraining order and a New Hampshire police call stating that I am in violation. HELP!

    HELP. I received a phone call today from the police department in New Hampshire saying that I am in violation of a restraining order issued in Mass and that they are going to issue a warrant for my arrest. I did not know anything about a new res...

    Tracy’s Answer

    The first thing you should do is contact a lawyer and talk to them. They will tell you, and if you hire them, probably help you turn yourself into the police. All lawyers are obligated to inform you that if you have an arrest warrant, you need to surrender to the police.

    You are dealing with two different problems - a criminal one, for violation of a restraining order, and a family matter, regarding the extension of a restraining order. You will need to seek the assistance of an attorney who is licensed in both NH and Massachusetts.

    Good luck.

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  • At the age of 17 in Rochester, New Hampshire can I legally move out of my mom's house?

    I'm just trying to get out of a bad situation that is progressively getting worse with time. She's repeatedly lied to DCYF and they've always believed her so I was never taken out of this situation. So I'm planning on, well hopefully taking matter...

    Tracy’s Answer

    In NH, you continue to be your parents' responsibility until 18. If you leave the home, and your parent does not exercise her duty to bring you home, she could be talking DCYF again.

    In NH, we have a law that allows the state to order you to obey your parents and stop "running away". It is often referred to as CHINS, or Child in Need of Services. It is possible that a Petition could filed, you could be placed at a residential facility, and be subject to court orders until you are 18, if you are found to be a Child in Need of Services.

    You don't identify your bad situation. I would encourage you to seek out the adults you do trust, like teachers and guidance counselors, to see how they can help you, rather than trying to solve your situation by running away. You may be facing more problems than you bargained for if you do take matters into your own hands. Moreover, it's pretty tough out there for adults, and while you are almost an adult, being 17 makes surviving on your own that much harder.

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  • Terminating parental rights based on abandonment.

    My mother and i have had gardianship of my niece and nephew for 4 1/2 years. The biological mom hasnt talked to them in 3 years after we asked her to stop promising things to them that she couldnt keep. I want to adopt them but i dont know what to...

    Tracy’s Answer

    Termination of Parental Rights and Adoption are two separate proceedings.

    In a termination case, you must prove a ground, like abandonment ("It shall be presumed that the parent intends to abandon the child who has been left by his parent without provision for his identification or who has been left by his parent in the care and custody of another without any provision for his support, or without communication from such parent for a period of 6 months. If in the opinion of the court the evidence indicates that such parent has made only minimal efforts to support or communicate with the child, the court may declare the child to be abandoned.") and, if proven with evidence beyond a reasonable doubt, then you must prove best interest - that it is in the best interest of the child to have the rights terminated.

    Proving best interest is done with a Guardian ad Litem, a person appointed to investigate and recommend what is in the best interest. If you filed for Termination, you would be required to pay the cost.

    If you prove your case, you could then file an Adoption Petition. Generally, the court allows an adoption if there is no objection, no criminal history, and no history of abuse and neglect by the petitioners.

    If you elect to proceed with this type of case, you should hire an attorney to represent you, as there are a number of places where this can become tricky. Not all family lawyers do these cases, so make sure to ask whether they have this experience. I have served as a Guardian ad litem on these cases, and I have seen unrepresented people really struggle.

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  • I was sent 46 interrogatories by my ex's lawyer is this over the limit?

    wondering what is the limit i read 25 ,can i file an objection saying that they went over they keep harassing me with over paperwork i did answer them but a lot were repetitive and equally available .

    Tracy’s Answer

    I agree with Attorney Zimmerman's response. However without seeing the questions it's not possible to know what a court will do. NH courts are not a fan of deciding matters on technicalities. And if you object or move to strike the questions, there is nothing to stop a lawyer from issuing a subpoena for a deposition and asking the questions in person. Depositions have no limits on how many questions, topic or issue as long as what is asked is reasonably believed to lead to discoverable evidence. Which sound worse, answering 46 questions or a deposition?

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  • Can the police contact your family after speaking with you and no criminal charges have been set?

    I just spoke with a detective and told him I was going to speak to an attorney and my husband didn't know yet. I want to tell him what is going on not a police officer. It is for a felony theft charge that I haven't been charged with yet.

    Tracy’s Answer

    The police can speak to whomever they choose. Law enforcement has no duty of confidentiality to you or to those they are interviewing. They can release information if it helps to further their investigation.

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  • Closing out my 401k

    Is it legal for my employer to make me wait for my savings if I was fired?

    Tracy’s Answer

    Without having more information, it is not possible to answer your question. Generally, most 401k's are managed by an outside entity, and that entity has policies, procedures, and protocols they must follow before they can cut you a check.

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  • Do I have to physically locate the respondent if she flees the state?

    The respondent has fled the state and, despite multiple court orders, refuses to provide me and the court with her contact information or any discovery. A Capias was issued several months ago but was sent to a Sheriff's Department in New Hampshir...

    Tracy’s Answer

    You could file a Motion for Alternative Service by publication. But, it is very expensive. You could hire a private investigator to help locate the person which would be less expensive.

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  • Should we still plan to have the children for christmas visit?

    My husband and ex wife's children are coming for Christmas break which is out of state. They got a divorce in New Hampshire and am not required to pay for any college but have told them that we can only afford an in state college and they refu...

    Tracy’s Answer

    I am not sure your question is a legal one. Anyone can accuse anyone of anything. But can they prove it. Do you and your husband want the visit? How old are the children? Who is doing the accusing? There is too much information left out to try to help you figure this out.

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