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In re Heinrich

Supreme Court of New Hampshire
7 A.3d 1158 (2010)


Eric Heinrich (plaintiff) filed for divorce from Mary Ellen Curotto (defendant). During their 12-year marriage, Heinrich and Curotto had raised three minor boys and moved from Florida to New Hampshire for Heinrich’s work as a professional chef. Curotto claimed that the stay in New Hampshire was intended to be no longer than five years before Heinrich and Curotto planned to move back to Florida. Heinrich denied the claim. Curotto cross-petitioned for divorce, seeking primary residential custody of the boys so that she could move back to Florida and work in a managerial position for her family’s hotel. The trial court appointed a guardian ad litem (GAL) to determine whether relocation to Florida would be in the boys’ best interests. The GAL concluded that the boys were closely tied to both Heinrich and Curotto and that the boys’ relationship with Heinrich would suffer a loss if they were separated. After a hearing, the trial court granted the divorce, denied Curotto’s request to relocate to Florida, held that Heinrich was entitled to reimbursement for overpayment of child support, and required that the boys remain in the care of a third-party caretaker for more than 48 hours before either parent could be offered the right to care for the children. Curotto appealed.

Rule of Law


Holding and Reasoning (Hicks, J.)

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