Amesbury, MA asked in Family Law for New Hampshire

Q: Can my sons mother move out of state without telling me?

Current custody agreement states parenting time at discretion of the mother and I have had my son overnights every other weekend for years. I have just found out she is packing up and moving out of state without notifying me. I called child services because I was worried for him 3 weeks ago and have had no contact with her or my son. Is she legally allowed to leave? I have no record of any sort or anything bad and am a great father. There is nothing in the order about relocating. State of NH

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1 Lawyer Answer
Andrew S. Winters
Andrew S. Winters
PREMIUM
Answered
  • Concord, NH
  • Licensed in New Hampshire

A: Are you sure there is nothing in the order about relocating? If you look at the court approved form parenting plan, section "F" addresses relocation: https://www.courts.state.nh.us/forms/nhjb-2064-f.pdf

It is possible your parenting plan doesn't include that section but unlikely.

Even if not, RSA 461-A:12 addresses how relocation is handled: https://www.gencourt.state.nh.us/rsa/html/XLIII/461-A/461-A-12.htm

The procedure is a little complicated but bottom line is that you would have the right to challenge the relocation and if you do the Court should have a hearing to decide whether it should be allowed.

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