Legal Question in Family Law in New Hampshire

Custody question in nh

I have a 14 year old son, whose mother is the primary custodian. She had recently taken a position in Pittsburg, which would force her to relocate to Pa. from NH. She originally had told both my son and me that he would be allowed to continue living in NH, and starting high school there. However, she told my son only days ago that she would be sending for him (she has been living in PA for the last three months), and she had already registered him in the Pittsburg schools, and even chosen his classes. He is to fly out on this coming Sunday.

Without the proper amount of time to file a motion against this relocation, what recourse do I have as the secondary care giver to keep this from happening?

I should also mention that I had been living about an hour over the Nh border in Masachusetts until this move was initially announced, but have moved to NH in order to keep my son in his current school district.

Can I legally keep him from going to PA., even though we have no court ordered agreement, or can his mother legally take him out of his home state?


Asked on 8/27/08, 11:51 am

1 Answer from Attorneys
Bruce L. Dorner Dorner Law Office

Re: Custody question in nh

You did not indicate in which state the divorce was granted. Assuming New Hampshire, you can go to the court and request an Ex Parte order to keep your son here. I would need a lot more detail to tell you the probability of success. However, you will need to show that there is a good reason to keep him here and that it is better for him than going to PA with his mother. In addition to dealing with where he goes to school, this will also have an impact on the amount of time each parent will spend with him and may give rise to a question about schedules and child support. I suggest that meeting with an attorney to review all the facts and circumstances would be a good idea.

Read more
Answered on 8/27/08, 12:16 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Hampshire