If I’m Divorced, Can I Move Across the Country With my Children?

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A divorced parent who relocates with a child/ren must provide reasonable grounds at a hearing if the other parent contests the change of residence.   NH law (RSA 561 a12) requires the parent who relocates to give “reasonable notice” to the other, non-custodial parent of the impending move; if no extenuating factors justify a speedier or longer interval, the statute determines sixty-day advance notice to be reasonable.  If the relocation brings the child closer to the other parent’s place of residence or occurs within the same school district, then no advance warning is necessary, since the other parent’s custodial rights remain unaffected. 

If the non-custodial parent objects to the move, he/she has the right to a hearing.  The relocating parent has the burden of demonstrating that the relocation is beneficial to the child, or is taking place for some other good reason like a change of employment or proximity to extended family; the statute demands “reasonable grounds” for relocating but doesn’t specify what criteria meet this standard.   At the very least, the decision to move can’t be random or arbitrary. The NH Supreme Court has elaborated a set of variables that judges can consider in establishing reasonable grounds for relocation.

Each parent’s reasons for seeking or opposing the move;
The quality of the relationships between the child and the custodial and noncustodial parents;
The impact of the move on the quantity and quality of the child's future contact with the  noncustodial parent;
The degree to which the custodial parent’s and child’s life may be enhanced economically, emotionally, and educationally by the move;
The feasibility of preserving the relationship between the noncustodial parent and child through suitable visitation arrangements;
Any negative impact from continued or exacerbated hostility between the custodial and noncustodial parents;
The effect that the move may have on any extended family relations.

If the relocating parent provides a satisfactory reason for the move according to these criteria, the other parent must convincingly challenge the rationale or somehow demonstrate that the change of residence will be harmful to the child in order to block the intended relocation.  The judge will weigh the relative merits of the opposing arguments.

So, if you’re intending to move your children across the country, make sure that you have a legitimate personal or economic reason for the change, and that the move will be beneficial to your child.  Otherwise, the judge may determine that other parent’s custodial rights are infringed by a transfer of domicile, and may force you to stay put.

Articles contained here are not intended to provide legal advice, only providing general information. We encourage individuals to consult with an attorney regarding individual circumstances.