New Hampshire Relocation Statutes

  PLEASE CHECK STATE CASE LAW AS STANDARDS FOR RELOCATION MAY BE FOUND IN CASE LAW.
 

N.H. Rev. Stat. Ann.
 

§ 460:15. Custody of Children.

No person shall take from the custody of such wife any minor child of the marriage residing with her, or remove the child from this state against the consent of the mother.

§ 460:16. Guardianship, etc.

Upon her application, a guardian may be appointed for the child, and the superior court may issue an injunction restraining the father and all other persons from removing the child from this state against the consent of the mother, and may make such further orders and decrees as shall secure to her or to the guardian the custody of the child.

§ 460:20. Custody of Children.

No person shall take from the custody of such husband any minor child of the marriage residing with him, or remove the child from this state against the consent of the father.

§ 460:21. Guardianship, etc.

Upon his application, a guardian may be appointed for the child, and the superior court may issue an injunction restraining the mother and all other persons from removing the child from this state against the consent of the father, and may make such further orders and decrees as shall secure to him or to the guardian the custody of the child.

§ 461-A:12. Relocation of a Residence of a Child. 

 I.      This section shall apply if the existing parenting plan, order on parental rights and responsibilities, or other enforceable agreement between the parties does not expressly govern the relocation issue. This section shall not apply if the relocation results in the residence being closer to the other parent or to any location within the child’s current school district.

II.      This section shall apply to the relocation of any residence in which the child resides at least 150 days a year.

III.    Prior to relocating, the parent shall provide reasonable notice to the other parent. For purposes of this section, 60 days notice shall be presumed to be reasonable unless other factors are found to be present.

IV.    At the request of either parent, the court shall hold a hearing on the relocation issue.

V.     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.

VI.    If the burden of proof established in paragraph V is met, 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.

VII.   If the court has issued a temporary order authorizing temporary relocation, the court shall not give undue weight to that temporary relocation as a factor in reaching its final decision.

VIII. The court, in reaching its final decision, shall not consider whether the parent seeking to relocate has declared that he or she will not relocate if relocation of the child is denied.

IX.    If the parties agree on or the court authorizes the relocation of a residence of a child, the court may modify the allocation or schedule of parenting time or both based on a finding that the change is in the best interests of the child.