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New Hampshire Registration/Recognition of Foreign Guardianship & Protective Orders

State:
New Hampshire
Control #:
NH-SKU-0827
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Registration/Recognition of Foreign Guardianship & Protective Orders
New Hampshire Registration/Recognition of Foreign Guardianship & Protective Orders is a process whereby a New Hampshire court may recognize or enforce an overseas guardianship or protective order. This process is used for guardianship and protective orders issued by foreign courts or tribunals, such as those granted in the context of child custody disputes. There are two types of Foreign Guardianship & Protective Order Recognition: Registration and Enforcement. Registration involves having a foreign guardianship or protective order recognized in New Hampshire. This means that the foreign order will be recognized in New Hampshire courts and will be enforced in the same manner as a domestic court order. Enforcement involves having a foreign guardianship or protective order enforced in New Hampshire. This means that the foreign order will be enforced in New Hampshire courts and will have the same legal effect as a domestic court order. This type of recognition/enforcement is typically used when a foreign court or tribunal has issued a guardianship or protective order that is not recognized in the United States. In order to register or enforce a foreign guardianship or protective order in New Hampshire, a petitioner must file a petition in the appropriate New Hampshire court. The petition must be accompanied by a certified copy of the foreign guardianship or protective order, as well as a certificate of authentication from the foreign court or tribunal. The court will then determine whether the foreign guardianship or protective order is valid and enforceable in the state of New Hampshire.

New Hampshire Registration/Recognition of Foreign Guardianship & Protective Orders is a process whereby a New Hampshire court may recognize or enforce an overseas guardianship or protective order. This process is used for guardianship and protective orders issued by foreign courts or tribunals, such as those granted in the context of child custody disputes. There are two types of Foreign Guardianship & Protective Order Recognition: Registration and Enforcement. Registration involves having a foreign guardianship or protective order recognized in New Hampshire. This means that the foreign order will be recognized in New Hampshire courts and will be enforced in the same manner as a domestic court order. Enforcement involves having a foreign guardianship or protective order enforced in New Hampshire. This means that the foreign order will be enforced in New Hampshire courts and will have the same legal effect as a domestic court order. This type of recognition/enforcement is typically used when a foreign court or tribunal has issued a guardianship or protective order that is not recognized in the United States. In order to register or enforce a foreign guardianship or protective order in New Hampshire, a petitioner must file a petition in the appropriate New Hampshire court. The petition must be accompanied by a certified copy of the foreign guardianship or protective order, as well as a certificate of authentication from the foreign court or tribunal. The court will then determine whether the foreign guardianship or protective order is valid and enforceable in the state of New Hampshire.

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FAQ

There are generally two types of guardianships: guardianship of a minor and guardianship of an ?incapacitated? person. Guardianships of minors are done in the Family Division, unless the guardianship involves both the person and estate of the minor in which case it would be done in the Probate Division.

A legal guardian can make a wide range of personal and medical decisions for the person in their care while a conservatorship generally grants much more limited decision-making powers. A conservator usually only has the authority to pay bills, make investments, and handle other financial matters.

Every guardian shall be allowed a reasonable compensation for all proper expenses and services in the discharge of the guardianship.

In New Hampshire, the two main types of guardianship are guardianship of the person and guardianship of the estate. The difference between the two is what the guardianship controls. The guardianship of the person is over the ward and the guardianship of the estate is over the ward's property.

1. Natural guardians, 2. Testamentary guardians, and 3. Guardians appointed or declared by the court.

You must file a Registration of Foreign Judgment (NHJB-2705-DPe) setting forth the name and last known address of the defendant. You may mail a copy of your filing to the defendant but you are not required to do so. Information needed to fill out the registration: You need the name address of the defendant.

Under the guardianship statute RSA 464-A anyone may be appointed guardian who is competent, willing, and whose appointment would cause no conflict of interest.

More info

REGISTRATION AND RECOGNITION OF. FOREIGN GUARDIANSHIP AND PROTECTIVE ORDER(S). (RSA 464-C:18 – C:19). 1.Registration and Recognition of Orders From Other States. Registration of guardianship orders. Step 1: Complete Forms. Registration of child-custody determination. (2) Two copies of the foreign order and any modifications of the order, including one certified copy, must be attached to the Petition. Recognition and enforcement. The Court will complete the remainder of the form and sign it following review of the documents filed. You simply complete both sets of forms and file them together.

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New Hampshire Registration/Recognition of Foreign Guardianship & Protective Orders