Relocation Requests and Child Custody in NH
A parent’s desire to relocate is one of the most emotionally and legally charged situations that can arise in a child custody case. Whether the move is for a new job, a relationship, or family support, New Hampshire courts treat relocation requests that affect the other parent’s access to their child with careful scrutiny.
What New Hampshire Law Requires Before Relocating
Under RSA 461-A:12, a parent seeking to relocate out of state with a minor child must provide advance written notice to the other parent. That notice must be given at least 60 days before the intended move, and it must include the planned new address and the reason for the relocation.
If the other parent objects, the relocating parent must file a motion with the court and obtain permission before moving. The burden generally falls on the parent seeking to relocate to demonstrate that the move is in the child’s best interest.
How Courts Evaluate a Relocation Request
New Hampshire courts don’t automatically approve or deny relocation requests based on the reason for the move. The analysis centers on the child’s best interest, considering factors that include:
- The reason for the proposed relocation and whether it’s made in good faith
- The impact the move would have on the child’s relationship with the remaining parent
- The quality of life the child would experience at the new location
- The feasibility of preserving the non-relocating parent’s parenting time through modified arrangements
- The child’s ties to the current community, school, and extended family
A parent relocating to be closer to family or for a significant career opportunity is viewed differently than one relocating primarily to reduce the other parent’s access. Courts are alert to the latter.
A Concord child custody lawyer can help you build the record needed to support your position, whether you’re the parent seeking to move or the parent opposing the relocation.
What Happens to the Existing Custody Order
If relocation is approved, the existing custody arrangement almost always needs to be modified. A parenting plan designed around parents living 20 minutes apart doesn’t function when one parent is in a different state. Courts often restructure parenting time to give the non-relocating parent extended blocks of time during school breaks and summers rather than frequent shorter visits.
If relocation is denied, the parent who moves anyway faces serious legal consequences, including being found in contempt of court and potentially losing primary custody.
What Both Parents Should Do
Both the relocating and non-relocating parent benefit from getting legal advice before the situation escalates. For the relocating parent, understanding what documentation and reasoning to present matters significantly. For the non-relocating parent, responding to a relocation notice promptly and formally is essential.
Becker Legal handles custody matters throughout New Hampshire, including contested relocation cases where significant parenting access is at stake. If you’re facing a relocation dispute, speaking with a Concord child custody lawyer early in the process gives you a clear picture of your rights and realistic options before circumstances become harder to manage.
