Published in NH Trial Lawyers Quarterly - Fall 2021
If you are currently involved in a divorce or parenting matter and trying to relocate your minor child out of the state of New Hampshire, and the move will result in you and your child living farther away from your spouse or result in your child switching school districts, then you will want to consult New Hampshire's relocation statute before moving.
In New Hampshire, Judges prefer to keep a child's living arrangement stable, secure, and predictable. In fact, if you already have a court order regarding parenting time and where your child will live, the law makes it difficult to modify the orders. A judge will be reluctant to grant a modification or relocation unless you meet the requirements of the statute.
If relocation, however, is necessary for your safety or the safety of your child, you can relocate without a court order. RSA 461-A:12(II-a). Additionally, the relocation statute only applies to the relocation of any residence in which the child resides "at least 150 days a year. RSA 461-A:12(II).
If either parent requests that the court hold an evidentiary hearing on the relocation, in an active divorce or parenting case, then the court is required to "hold a hearing within 30 days of the request for a hearing on the relocation issue." RSA 461-A:12(IV)(a).
- Reasonable notice of relocation must be provided to the other parent.
New Hampshire's relocation statute, RSA 461-A:12, requires that the party...
