Relocating with a child post-divorce

On Behalf of | Jul 26, 2022 | Divorce |

After a divorce, some New Hampshire parents might wish to relocate. Since custody of children will be affected, certain conditions must be met for the court to approve the relocation.

Reasons for moving

There are many reasons why a parent might decide to relocate. Some of these moves are considered bad faith moves, which include moving to punish or get revenge on the other parent or to keep that parent away from the child. Good faith moves include relocating to:

  • Seek better employment opportunities
  • Continue with their higher education
  • Be closer to family and childcare assistance
  • Live in an area with better quality of life and cost-of-living

Justifying the relocation

A big part of the relocation process in New Hampshire will involve providing proof to the court that the move is justified. First, the parent petitioning for relocation will need to show the court that the motive for the move has a legitimate purpose which makes the move reasonable. Second, the parent must show that the move will be in the best interest of the child. If the other parent objects to a move that the court considers justified, that parent will then have the burden of proof to show that the move is not in their child’s best interest.

The process of relocating with children

In New Hampshire, a parent who wishes to relocate must provide reasonable notice to the other parent, usually about 60 days. Either parent might request a hearing with the court to rule on the petition. Even if the other parent agrees to the move or the court grants the relocation permission, the court might also modify the parenting schedule with necessary changes due to distance or other factors.

Unless relocation is sought to protect the child or parent’s safety in an emergency, parents should follow the process and wait until the court grants permission for relocation. Relocating without permission can have serious consequences.