In New Hampshire, if a parenting plan or custody order is already in place and one parent wishes to relocate with the child, the law requires that certain steps be followed. This is to ensure that the relocation is in the best interests of the child and that the rights of the other parent are considered. Please review NH RSA § 461-A: 12.
Key Points of the Relocation Statute in NH:
- Notice Requirement: The parent who intends to relocate must provide written notice to the other parent. This notice must be given at least 60 days before the intended move. The notice should include the new address, the reasons for the relocation, and a proposal for a revised parenting plan.
- Objection to Relocation: The non-relocating parent has the right to object to the relocation. If they do, they must file an objection with the court within 30 days of receiving the notice. If an objection is filed, the relocation cannot occur until the court resolves the matter.
- Court Consideration: If the relocation is contested, the court will evaluate whether the move is in the best interests of the child. The court will consider several factors, including:
- The reasons for and against the relocation.
- The impact on the child’s relationship with the non-relocating parent.
- The impact on the child’s stability and community ties.
- The feasibility of preserving the relationship between the non-relocating parent and the child through a new parenting plan.
- Any other relevant factors.
- The parent seeking permission to relocate bears the initial burden of demonstrating, by a preponderance of the evidence, that:
(a) The relocation is for a legitimate purpose; and
(b) The proposed location is reasonable in light of that purpose.
If the burden of proof is established, the burden shifts to the other parent to prove, by a preponderance of the evidence, that the proposed relocation is not in the best interest of the child.
- Temporary Orders: In some cases, the court may issue temporary orders regarding the child’s residence while the relocation dispute is being resolved.
- Exceptions: The court may waive the 60-day notice requirement if it finds that providing notice would expose the parent or child to a substantial risk of harm.
This statute is designed to balance the interests of both parents and the child, with the primary focus being on the child’s welfare. If you are considering relocating with your child or if the other parent is planning to move, it is advisable to seek legal advice from a NH Attorney to ensure that all legal requirements are met.