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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Ossipee Family Division No. 2008-326 IN THE MATTER OF JAMIE M. HUFF AND LAWRENCE R. HUFF Argued: January 15, 2009 Opinion Issued: March 5, 2009 Minutelli Law Office, PLLC, of Portsmouth (Steven J. Minutelli on the brief and orally), for the petitioner. Law Office of Leslie H. Johnson, PLLC, of Center Sandwich (Leslie H. Johnson on the brief and orally), for the respondent. DUGGAN, J. The petitioner and mother, Jamie M. Huff, appeals the ruling of the Ossipee Family Division (Patten, J.), entered upon the recommendation of a Marital Master (Barber, M.), adopting the parenting plan of the respondent and father, Lawrence R. Huff. We reverse and remand. The record supports the following. The parties married in 2005, and have one child together, K.H., born in July 2006. Both parties have children from prior marriages. During the marriage, the parties lived in Effingham. In October 2006, the mother filed a domestic violence petition, filed for divorce and returned to Leicester, Massachusetts with the child. The father was awarded parenting time every other weekend. The father usually exercised his parenting time at Kristen Wickman's residence. Wickman is the mother of the father's two daughters, ages eleven and eight.

In November 2007, while the divorce was pending, the father pleaded guilty to a felony and was sentenced to three to six years in the New Hampshire State Prison. At the final divorce hearing, the father requested one full weekend of parenting time per month. He planned to allocate the weekend between himself at the prison and Wickman, Cheryl Burns (a long-time friend of the father), or another third party. The father planned to have Wickman or Burns facilitate visitation at the prison and allow the child time to bond with his half-siblings. The parties represented to the trial court that the father could only visit with the child at the prison on Saturdays between 8:30 a.m. and 11:00 a.m. Thus, the father proposed that the child stay overnight on Friday with Wickman or Burns, visit him during the prison visiting hours, and spend the rest of the weekend with his half-siblings. He stated that he was essentially delegating his remaining parenting time to Wickman or Burns. He also stated that this arrangement would be best considering the drive from the mother's residence to the prison

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New Hampshire Law