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Can you relocate with your kids after a divorce?

As you move past your divorce in Manchester, new opportunities will no doubt present themselves in your life. One of those may be the chance to relocate to a new area in order to secure a new job, start a new relationship or be closer to your extended family. Yet relocating following a divorce is rarely a simple matter if you and your ex-spouse have children together. According to New Hampshire’s Domestic Relations code, if you plan to relocate your kids from a residence where they spend at least 150 days every year, you must follow the state’s requirements for parental relocation.

This starts with providing notice of your intention to move at least 60 days prior to your moving date. When the children’s other parent receives such a notice, they can object to you moving away with the kids. In such a scenario, the court will typically issue an order temporarily preventing the relocation until the matter can be resolved (yet understanding the time-sensitive nature of your relocation, the law requires that a hearing be held within 30 days of receiving the objecting parent’s petition).

It falls to you to demonstrate to the court that you are indeed relocating for a legitimate purpose, and that the relocation is reasonable in light of that purpose. If the court concurs with you, the children’s other parent must then show why moving would not be in the kids’ best interests. In any event, the court can (at its discretion) modify your custody agreement to accommodate your move in order to fit it believes to be in the best interest of your kids. Working with your children’s other parent to come up with a modified custody arrangement on your own may ensure that any changes made are agreeable to both you.

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Backus, Meyer & Branch, LLP
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