Section 463:18-a Nomination of a Guardian for the Children of Activated Members of the Armed Services.
I. Any member of the United States armed services, whether a member of an active component, reserve component, or national guard unit of the army, air force, navy, marines, or coast guard, who is ordered to active duty outside of the state of New Hampshire with the armed forces of the United States or state militia of any state, and who pursuant to a court order has sole primary physical custody of a minor residing in New Hampshire or is the guardian of such minor, may nominate a guardian of the person of the minor with the same powers and duties of a guardian of the person under RSA 463:12.
II. The document nominating the guardian shall have the effect of an ex parte order appointing a temporary guardian under RSA 463:7, except that it shall expire 7 days after activation or when a guardianship has been granted by the court, whichever is sooner. Upon activation, the individual nominated guardian shall petition for appointment of a guardian of the person of the minor within 7 days in the county where the parent or legal guardian was residing upon activation. The petitioner shall append to the petition copies of the nomination document and the member's activation orders. The petition for appointment of a guardian shall be processed, heard, and adjudicated in the same manner as other guardianships filed under this chapter. All fees for the filing of the petition for the appointment of a guardian under this section shall be waived.
III. If the minor is the subject of a pre-activation custodial court order from this or any other state, any non-guardianship related custodial order entered after activation but before deactivation of the member shall be temporary and shall not prejudice the pre-activation custodial order.
IV. Nomination of a guardian of the person shall be made by using a properly executed nomination document to which a certified copy of the minor's birth certificate and an attested copy of the existing custody or guardianship order, if any, of the minor shall be attached. The document nominating the guardian shall contain the following:
(a) Name and address of the armed forces member.
(b) Name and address of the person nominated the guardian.
(c) Name and date of birth of the minor of the armed forces member.
(d) The following language:
Know all persons that I __________, currently residing at __________, by this document do consent to the appointment of __________, whose address is __________, as the guardian of my minor child, thereby submitting to the jurisdiction of the court and waiving notice of the petition. This document shall grant the person nominated the same powers and duties of a guardian of the person under RSA 463:12 for 7 days from the date of my activation or until the probate court grants a guardianship, whichever is sooner. A copy of my activation orders must accompany this document for it to be valid.
V. The parent or legal guardian's signature shall be witnessed by a third party and the signatures of the witness and parent or legal guardian shall be acknowledged by a notary public.
VI. Upon receipt of a petition to terminate a guardianship created under this section filed by the service member, the court shall terminate the guardianship.
Source. 2002, 239:1, eff. May 17, 2002.