Cited by

Conflicts in the testimony, questions about the credibility of witnesses and the weight to be given testimony are for the trial court to resolve.

Although he concedes that “the trial court is not required to give presumptive weight to the GAL’s recommendation,” he contends that “it is an unsustainable exercise of discretion for the court to have rejected the GAL and the experts’ custody recommendations, while offering no explanation for the modified custodial schedule set forth in the Decree.” See Richelson v. Richelson, 130 N.H. 137,144 (1987).

Chandler v. Bishop, 142 N.H. 404, 411 (1997); Richelson v. Richelson, 130 N.H. 137, 144 (1987).

“[T'jhe guardian ad litem’s report [, however,] is not binding on the judge or master because the difficult decision regarding custody must be made on the basis of all the evidence.” Richelson v. Richelson, 130 N.H. 137, 143 (1987) (quotation omitted).

Richelson v. Richelson, 130 N.H. 137, 144, 536 A.2d 176, 181 (1987); Chasan v. Mintz, 119 N.H. 865, 867, 409 A.2d 787, 788 (1979).

of Medical Practice v. Perry-Hooker, 427 A.2d 1334, 1336 (Vt. 1981); see also State v. Emanuel, 139 N.H. 57, 61, 649 A.2d 53, 56 (1994); Richelson v. Richelson, 130 N.H. 137, 141, 536 A.2d 176, 179 (1987) (recognizing concept in dicta).

We will treat her argument, therefore, as asserting that the master’s failure to exercise discretion when properly requested to do so by the plaintiff, constituted an abuse of discretion.

At the same time, the courts’ overriding concern in structuring custody and visitation matters is the best interests of the child, Richelson v. Richelson, 130 N.H. 137, 144, 536 A.2d 176, 180-81 (1987), and this consideration may require circumscribing one or both parents’ rights to promote the child’s welfare, see Stanley D. v. Deborah D., 124 N.H. 138, 142, 467 A.2d 249, 250-51 (1983); Chasan, 119 N.H. at 867, 409 A.2d at 788.

For an error to require reversal on appeal, “it must [have been] prejudicial to the party claiming it.” Richelson v. Richelson, 130 N.H. 137, 142, 536 A.2d 176, 179 (1987).

To obtain a modification of support obligations, the moving party must show a substantial change in circumstances of the parties that makes continuing the original order “improper and unfair.” Richelson v. Richelson, 130 N.H. 137, 146, 536 A.2d 176, 182 (1987) (quoting Fortuna v. Fortuna, 103 N.H. 547, 548, 176 A.2d 708, 709 (1961)).

On appeal, we must view the evidence in the light most favorable to the State, State v. Guglielmo, 130 N.H. 240, 244, 544 A.2d 25, 28 (1987); and we cannot overturn the superior court’s findings unless they are unsupported by the evidence.

To obtain a modification of child support obligations, the moving party must show a change in the circumstances of the parties that makes the original order improper or unfair.

We explicitly acknowledge the trial court’s discretion in setting the levels of alimony and child support to be paid during appeal, Rollins v. Rollins, 122 N.H. 6, 9-10, 440 A.2d 438, 440-41 (1982), and similarly grant that court broad discretion in awarding and modifying alimony and child support generally, see, e.g., Richelson v. Richelson, 130 N.H. 137, 146, 536 A.2d 176, 182 (1987) (child support modification); Bisig v. Bisig, 124 N.H. 372, 375-76, 469 A.2d 1348, 1350 (1983) (alimony modific

After the investigation, the guardian submits a recommendation, see Guidelines for Guardians ad Litem, supra at ¶ 5, which does not “carry any greater presumptive weight than the other evidence in the case.” Richelson v. Richelson, 130 N.H. 137, 143, 536 A.2d 176, 180 (1987).

The defendant nonetheless claims that the court abused its discretion, see Richelson v. Richelson, 130 N.H. 137, 144, 536 A.2d 176, 180-81 (1987), in ordering physical custody consistently with these arrangements, for the reason that a child psychologist, the guardian ad litem, and nine laypeople who communicated with the guardian recommended that the defendant assume the son’s physical custody.