Where children are going to reside after their parents break up in New Hampshire is either agreed to by the parents or is ordered by the Court. That allocation of parental responsibility between the parents is set out in both instances in a Parenting Plan. If a parent later chooses or needs to move, New Hampshire law, RSA 461-A:12, requires that the parent wishing to move give the other parent at least 60 days advance notice. The parent who is not moving has the right to petition the Court to deny the proposed relocation. In a relocation hearing the Court will decide if the evidence presented establishes that the proposed move is for a legitimate purpose and is reasonable, and, if so, whether the relocation is contrary to the best interest of the child. The law requires the Court to deny the requested relocation on any one of those three grounds.
Few things in life are more important to you than protecting your relationship with your child. Successfully doing so, however, takes much more than an emotional response. There is a formal and prescribed legal process which needs to be followed in order for you to be granted the right to move with your child, or, in order to prevent your child from moving away from you. That court process requires skills and experience.
If you are facing a relocation dispute, get the legal services you will need and call one of the family law attorneys at Winer & Bennett, LLP, at 603-882-5157.