When you and your ex-spouse divorced years ago, you had to create a parenting plan to deal with the details of raising your children together but as separate people. The parenting plan detailed the rights and responsibilities of each parent and addressed things such as:
- Which parent had decision-making and residential responsibility;
- The legal address for the children attending school;
- A custody schedule that included holidays, weekends, birthdays, and vacations;
- A protocol for exchanging the children from one parent to the other;
- A procedure for reviewing and adjusting the plan; and
- A method for resolving future disputes.
The parenting plan you created with your ex included joint decision-making responsibility as well as joint-custody and it has worked well over the years for you, your ex, and the children. But now you have been offered a lucrative job in sunny Florida, and the temptation to leave snowy, cold New Hampshire is very tempting. What can you do? The first step you should take is to contact the experienced child custody attorneys at Tenn And Tenn, P.A. so we can assist you through the relocation legal process.
THE NEW HAMPSHIRE RELOCATING PARENT
If a parent who has joint-custody with the former spouse wants to relocate to an address that is outside the child’s current legal address of where they attend school, the relocating parent must file with New Hampshire courts a written notice of relocation at least 60 days before the intended move. The other parent can oppose the relocation and ask the court to schedule a relocation hearing to adjust custody.
The relocating parent has to prove to the court that they are relocating for a legitimate purpose (such as a job). Once that has been proven, then the non-relocating parent has to prove that the move is not in the best interests of the children. In New Hampshire, what is in the best interests of the child is taken very seriously. The judge will consider factors such as:
- The child’s relationship with both parents;
- What the impact of moving would mean to the child;
- Frequency and quality of contact with the non-moving parent;
- If the move will benefit the child academically, emotionally, or financially;
- Will the child be able to maintain visits with the other parent; and
- What the impact of moving would mean to the child’s relationship with extended family.
Based on these and other factors, a judge will make a decision on whether or not the custody arrangement can be modified to allow you to move. Even if you and your ex-spouse agree to a new custody agreement that suits both of you, if the judge does not think it meets the best interests of your children, it will be denied.
NEW HAMPSHIRE CUSTODY ATTORNEYS AT TENN AND TENN, P.A.
This is why you need the experienced custody attorneys at Tenn And Tenn, P.A. We will work with you to help you make the best case to support your relocation request. Call us today at (603) 614-5055 or fill out a contact form to learn how we can help you.