Legal Question in Family Law in New Hampshire
Modification of parenting plan
Our parenting plan is set up so my ex and I have joint custody. There was never any provision for moving out of state. How can I modify the parernting plan so that I can move without his right being taken away from him? He has remarried and his new wife has 10 children 6 of which are still living with them. There is not alot of attention to be given on a one on one basis.
2 Answers from Attorneys
Re: Modification of parenting plan
Although your parenting plan may not have any references to relocating, there is a law in NH that requires that when a parent wants to move the children out of the school district and further away from the other parent, the moving parent needs to provide 60 days notice to the other parent. If your ex does not agree that you can move, then you are required to get permission from the court first before you move. Your first step is to notify your ex of your intention to move.
Re: Modification of parenting plan
It is always best if the parents can work out a comfortable arrangement so that both participate actively in child raising tasks. New Hampshire has a statute which requires that you provide at least 60 days prior notice to your Ex of your desire to relocate. If he declines to agree, you will need to petition the court for approval to move your child out of state. There are many factors to be considered by the court when permission to move is requested. Sometimes permission is granted, but there are financial adjustments in transportation and child care expenses. It would be best to have an attorney review your situation, taking into accout the best interest of the child and the financial realities of both parents.