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The 9th Circuit – Family Division – Manchester denied the father’s requested relief and entered a new parenting plan providing father with parenting time on alternating weekends, summers, school vacations and time in Natick as the father was available.In December of 2013 father again asked the court to modify the parties’ parenting plan.Mother asked the court to dismiss the matter as she and the children had been residing in Massachusetts for over a year and she had already filed a motion in the Massachusetts Probate & Family Court to modify the parties’ divorce decree and parenting plan.The court granted mother’s motion to dismiss finding that it was appropriate for the court to decline continuing jurisdiction over this matter because mother and the children no longer had a significant connection with the State of New Hampshire.

Here, the Father exercised parenting time in New Hampshire on alternating weekends, two non-consecutive weeks in the summer, five days during April vacation in even years and five days during February vacation in odd years.This holding may make it more difficult for a custodial parent to litigate from their new state.However, the Court left open the issue of whether New Hampshire may be an inconvenient forum under RSA 458-A:18.The fact that a parent has a substance abuse problem does not negate their rights under Troxel.A parent with a substance problem can still have the insight to act in their child’s best interests by finding alternative care for the child while they seek treatment.

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However, parents that consented to a guardianship had an easier path to termination of the guardianship.