Often times after a divorce, one party may decide to get a fresh start in a new place. Over the years, we at Buckley Law Offices, P.C., have had to deal with this situation and understand the desire for a fresh start. If you live have primary residential responsibility for your children, there are several things you should know before planning to relocate and you should talk to an experienced attorney from our firm to get advice. Our entire legal team is highly experienced, and with nearly 30 years of handling such cases, your case will be managed by a skilled legal professional.
New Hampshire law requires the relocating parent to give at advanced notice to the other parent. The notice is usually for at least 60 days. If the other parent objects to the relocation, he or she may request a court hearing. An investigator will be appointed to investigate the circumstances surrounding the planned relocation and report back to the court with a recommendation based on the best interests of the child.
Before making a decision to relocate, you should ensure that you have a legitimate reason to do so. Examples of legitimate reasons may include an employment opportunity or the chance for you and your child to be close to family. This places the burden on the other parent to prove to the court that relocation would not be good for the child.
In evaluating the possibility of a relocation and making a recommendation to the court, the investigator will consider how the relocation will affect the relationship between the child and the non-relocating parent (e.g., ease of arranging visitations), and the financial, relational, or educational benefit of the move to the custodial parent and the child.
Although no two cases are the same, precedent demonstrates that the court will typically rule in favor of whatever gives the child the most access to each parent, provided that both parents have been and wish to continue being involved in the child’s life. Therefore, it is often wise for the relocating parent to propose a reasonable relocation plan and present a strong case for how the relocation will improve the child’s life.
In order to present a strong case for relocation, the relocating parent needs the help of an experienced family law attorney like can be found at Buckley Law Offices, P.C. We understand how the courts analyze issues of child custody, child support, and visitation, and we know what they look for in deciding to permit or deny relocation. We can evaluate your case for free and determine the best cause of action. Contacting us comes with no obligations and you stand to benefit from it. Contact us today.