Brooklyn, NY asked in Family Law and Child Custody for New Hampshire

Q: I have majority parenting time, I want to move with my son back to my home state. How likely is the court to allow this?

I have maintained majority parenting time of my son for about 3 years now. I moved to NH to be with my son originally. My entire family (parents, 7 siblings, 5 neices and nephews) are all in my home state of KY. I want to move back to be closer to them. If we made an arrangement for her to take him for summers when he is not in school it would maintain roughly the same amount of allotted parenting time.

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1 Lawyer Answer
Amy C. Connolly
Amy C. Connolly
  • Divorce Lawyer
  • Bedford, NH
  • Licensed in New Hampshire

A: In order to relocate you have to give the other parent 60 days notice of your intent to move. If the other parent objects, the court will need to decide if (1) if the move is for a legitimate purpose; (2) if the move is in the children's best interest. In general, the court will not favor allowing the primary parent to move out of state. In my experience, the only time a parent is permitted to move far away is if the parties have come to an agreement. I hope this helps.

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