Legal Question in Family Law in New Hampshire

Re: custody & visitation

This question is most likely answered by New Hampshire law, and/or your divorce judgment/agreement, assuming that your divorce was pursued in New Hampshire.

Jurisdiction for the modification, however, is in Massachusetts.

Assuming that I am incorrect as to what law applies, under Massachusetts law you need to show a "real advantage" to you that comes to you from the move. If you can do this (not a difficult showing, in my experience), the "real advantage" trickles down to the child. At that point, the move is allowed.

The warnings, though:

Visitation will change. The father will be entitled to some more extensive time, especially in the summer vacations.

Child support is likely to be reduced, in order to accommodate travel expenses.

Again, this response ASSUMES that Massachusetts law applies. I do not know New Hampshire law, which may make the move either more difficult or less difficult. Most states understand the mobility of the modern world, however.

Greg Lee

Re: custody & visitation

There is no clear cut answer to your question. I would need to review your divorce decree to see what would be appropriate. If your move is in the best interest of the family, the court will often approve the move. However, since it will have a significant negative impact on Dad's time with the boys, the court will likely require more time with Dad during vacations and summer break. I would also expect that there would be some financial adjustment in child support since there would be substantial increaes in transportation expenses. It is generally best to try to negotiate an agreement between the parents and then file it with the court.

Each family is different. I suggest that it would be worthwhile for you to meet with an attorney who can review the facts and circumstances unique to your family so that a proper plan may be implemented.

Re: custody & visitation

Assuming MA has jurisdiction now, you need only request the court's approval to move. You need a good reason for the move, and there may be a change in visitation terms, such as paying for flights to Boston or NH.

A good reason for the move is to be with family or a new job.

Please feel free to contact me if you have more questions.