Legal Question in Family Law in New Hampshire
leaving the state after a divorce with Children
I am wondering what the law is for leaving the state with my children after our divorce is final. They kids will be with me, but I have limited resources to provide for them as I've been a stay at home mom all their life. I have family in another state that is willing to help me, we can live with them, till I find a job and get on my feet. Is it possible to take them, if we have joint custody? If their father fights it, what's the likelihood I could really move? We've agreed amicably that the kids will live with me, but I'm not sure I can make it on my own here....I'd like to move to be near family that can help me. I need to know if this is possible? Thanks so much for your help.
1 Answer from Attorneys
Re: leaving the state after a divorce with Children
The current view is that you need to give written notice to Dad that you intend to move. If he does not object, then the two of you should work out a new parenting schedule since he will no longer be local. Perhaps there will be some need to adjust child support as a result of increased transportation costs for the children to maintain contact with their Father. If you reach an agreement, it should be filed, in writing, with the court that issued the divorce orders.
If the two of you can not agree, then you need to file a motion to re-open your divorce for the purpose of addressing your move out of state and dealing with parenting issues. The court may appoint a guardian ad litem to represent the interests of the children to help determine if the move would be beneficial for them, or not.
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