Family Law – Know What to Expect

  • By:Winer Bennett
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The new year begins with a commentary on family law.  Specifically, on parental rights and responsibilities.  Too often, parties look at children, or time with their children as a commodity to be bargained for.  In October, 2005, the Parental Rights and Responsibilities Act, RSA 461-A, was enacted into law.  This act drastically changed the way that courts view parenting responsibility.  The act encourages frequent and continuous contact between the children of a divorced family with both parents.  In some respects, the change in the law has shifted the focus of the parenting aspect of family law cases from a “win/lose” situation to a more cooperative approach.

Most parties come into a divorce situation without knowing what to expect.  Since many aspects of a divorce include competition for possession of assets, they are more likely to view the parenting time aspect as the “win/lose” scenario.  It is the responsibilities of the lawyers on both sides of any such case to educate the parties that the parenting responsibility aspect of the case can and should be as much of a “win/win” result as possible.  It is clear from statistics and from direct observation that the best interests of the children are always served when this is the case.

By: Kent M. Barker

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Posted in: Family Law

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