Q: Can I relocate my minor child out of the state of New Hampshire if I am divorced and share parenting time with my former spouse?
A: Maybe. It depends on the reason(s) for the move and if it is in the best interests of your child to relocate.
New Hampshire's relocation statute, RSA 461-A:12, requires that the party who wishes to relocate provide reasonable notice to the other parent. Even though 'reasonable notice' may change depending on the special circumstances of each case, 60 days is presumed reasonable in a majority of cases. The notice should be provided to the other party in writing. Factors justifying shorter notice include, 'relocation to protect the safety of the parent, child, or both, or relocation because the current abode is unavailable due to circumstances beyond the control of the parent.' RSA 461-A:12(3).
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