How to Handle Relocation of a Minor Child in New Hampshire

The dynamics of family life are ever-evolving, and with these changes often comes the need for individuals to relocate, whether for career opportunities, family considerations, or personal reasons. When parents are divorced and children are involved, however, the situation becomes more complex, and legal implications come into play.

If you or your co-parent are seeking to relocate with your child or children, it is important to consult with an attorney to understand your rights. Our New Hampshire Family Law Attorneys are experienced at guiding clients through the relocation process and helping you build your case with an eye on your goals.

Understanding the Legal Framework for Relocating a Child in NH

New Hampshire law recognizes the importance of maintaining consistency in a child's life by ensuring that fit parents continue to have a stable and meaningful involvement in their children’s lives.

Consequently, before a parent can disrupt a minor child’s routine by relocating the child away from the other parent, they must adhere to the legal procedures outlined in New Hampshire’s Relocation Statute. The statute applies “to the relocation of any residence in which the child resides at least 150 days a year[,]” so long as the relocation does not result in the residence being closer to the other parent or within the child’s current school district.

A parent seeking to relocate with a minor child must follow several steps prior to relocating.

1. The relocating parent must provide "reasonable notice" to the other parent of their intention to relocate, presumed to be at least 60 days' notice unless special circumstances exist justifying shorter notice.
2. After reasonable notice is given, either parent may request a hearing on the relocation issue if the parents are unable to reach an agreement.
3. If the non-relocating parent challenges the move, the parent seeking to relocate must meet the initial burden of demonstrating that the proposed move is for a “legitimate purpose,” and that the proposed location is “reasonable in light of that purpose.”
4. If the relocating parent meets this initial burden, the burden then shifts to the non-moving parent to demonstrate that the proposed move is not in the child’s best interests.
5. If the parties agree on or the court approves a child’s relocation, the court may then modify the parenting plan based on a finding that the change is in the best interests of the child.

The Relocation Statute offers no insight as to what constitutes a “legitimate purpose,” how to assess whether a proposed location is “reasonable” in light of the stated purpose, or what factors should be considered when determining whether the relocation would ultimately be in the child’s “best interests” or not. Fortunately, over the last several decades, the New Hampshire Supreme Court has explored and expanded upon these elements to provide clarity and guidance in navigating these difficult cases. An experienced family law attorney can help you understand how the courts may interpret your request.

For What Reasons Can You Relocate a Child under NH Law?

Under New Hampshire law, a parent can relocate a child for several reasons. While the following list is not exhaustive, below are some of the most common reasons a parent might be granted permission to relocate with their child:

1. Health and Safety Reasons: Emergency situations where the safety or health of the parent or child is at risk can justify relocation without the standard notice requirements. This includes situations of domestic violence or other immediate threats​​.

2. Significant Employment Opportunity/Improvement of Financial Status: A legitimate purpose for relocating often includes pursuing a significant employment opportunity or improving a parent’s financial status. New Hampshire courts have consistently recognized these reasons as valid.

3. Being Closer to Family Support: Moving closer to extended family or a support network can be considered a legitimate purpose, especially if it offers a better support system for the parent and child, enhancing the child’s overall welfare.

4. Educational/Extracurricular Opportunities: Seeking better educational opportunities for the child can also be a legitimate reason for relocation. If the new location offers significantly better educational and/or extracurricular facilities or programs, this can be a compelling reason for the move​​.

5. More Suitable Housing: Relocating to acquire more suitable housing for the family has also been recognized as a legitimate reason.

6. Reducing Commuting Time: Reducing commuting time to work is another reason that courts have accepted. This consideration ensures that the parent can spend more quality time with the child, which is beneficial for the child’s well-being​​.

These reasons reflect the overarching principle that relocation must serve the child's best interests. Keep in mind that even if there is an acceptable reason to relocate with a child, the court must still conclude that the relocation would be in the child's best interests​​ before approving the move. In determining what is in the best interest of the child, the court takes into account various factors such as the child's relationship with both parents, the potential impact on the child's development, and the overall benefits of the proposed relocation. New Hampshire law thus balances the legitimate reasons for relocation with the need to maintain stability and continuity in the child's life​​​​.

What Happens Next If I Win or Lose the Relocation Hearing?

If the court approves relocation, several steps and modifications follow to ensure the transition is managed in the best interest of the child. Here's a summary of what parents can expect when relocation is approved:

1. Modification of the Parenting Plan – Once the court approves the relocation, the existing parenting plan must be modified to reflect the new arrangements. This is critical to ensure that both parents understand their rights and responsibilities under the new circumstances. The modification aims to maintain the child’s relationship with both parents, despite the geographical distance.
2. Establishing a New Visitation Schedule – The court will establish a new visitation schedule to accommodate the relocation. This schedule will be tailored to ensure that the non-relocating parent still has substantial and meaningful contact with the child. The court often considers several factors when determining the new visitation schedule, including:
   1. School Calendars: Aligning visitation with school holidays and vacation periods.
   2. Travel Arrangements: Determining who will bear the travel costs and responsibilities for transporting the child between parents.
   3. Communication Methods: Setting up regular phone or video calls to maintain ongoing communication between the child and the non-relocating parent.
3. Adjusting Child Support – The relocation might also necessitate adjustments in child support payments. If the move significantly impacts either parent's financial situation or the allocation of parenting time, the court may re-evaluate and modify child support obligations. This ensures that the financial support remains fair and equitable given the new circumstances.
4. Implementation of Transitional Arrangements – To ease the child’s transition to a new environment, the court may put in place transitional arrangements. These could include:
   1. Temporary Increased Visits: Allowing the non-relocating parent more frequent visits initially to help the child adjust.
   2. Counseling: Recommending or mandating counseling for the child to address any emotional or psychological impacts of the relocation.
5. Monitoring and Enforcement – Post-relocation, the court maintains jurisdiction to monitor the situation and enforce the new parenting plan. Both parents must comply with the terms set by the court. If any issues arise, such as non-compliance or significant changes in circumstances, either parent can request a review or further modification of the parenting plan.
6. Continuous Review – The court's orders are not set in stone. Regular reviews may be scheduled to ensure that the parenting plan remains in the best interest of the child as they grow and their needs change. This ongoing oversight helps address any new challenges or changes in circumstances that may arise over time.

These steps underscore the court's commitment to prioritizing the child's best interests, ensuring that despite the relocation, the child maintains a stable and loving relationship with both parents.

If the court denies a parent’s request to relocate with their minor child is denied by the court, they have several options:

1. Appeal the Decision: The parent can appeal the court’s decision to a higher court, arguing that the lower court made a legal error in denying the relocation request.

2. Seek Modification of the Parenting Plan: The parent may seek to modify the existing parenting plan to make it more favorable or feasible for their needs and circumstances, even if relocation is not permitted.

3. Negotiate with the Other Parent: The parent can try to negotiate directly with the other parent to reach a new agreement that might allow for relocation or other adjustments that might be acceptable to both parties.

4. Reapply for Relocation: If there are significant changes in circumstances, such as a new job offer or a change in the child’s needs, the parent can submit a new request to relocate.

5. Explore Alternative Living Arrangements: The parent might look into alternative living arrangements or consider finding a new residence within the state that better suits their needs while complying with the court’s decision.

6. Pursue Mediation: The parent can opt for mediation to resolve the dispute amicably. Mediation can help both parents come to a mutually agreeable solution regarding the child’s living arrangements and potentially allow for some flexibility.

7. Adjust Personal Plans: The parent may need to adjust their own plans, such as seeking employment or educational opportunities within the current location, to align with the court's decision, if relocating without the minor child is out of the question.

These options should be pursued with careful consideration of the child’s best interests and legal advice to ensure the best outcome.

The relocation of a minor child is a difficult and emotionally charged issue that arises in family law cases and oftentimes leaves the parties and the court in what feels like a “no-win” situation. Having an experienced New Hampshire family law attorney on your side can make all the difference in your case. If you’re looking to start a relocation process or prevent a co-parent from relocating, please contact our team for help.

Brittani L. Pelissier is an attorney at Shaheen & Gordon. She focuses her practice on family law and workers’ compensation.