Legal Question in Family Law in New Hampshire

Re: Moving with children out of state

There is a very prominent case in NH that was decided by the NH Supreme Court in 2000. The case is Tomasko v. Dubuc (citation is 145 N.H. 169)and you can find it on the state website at www.state.nh.us. This case is very factually-driven and some courts are reluctant to apply it to all cases. Many courts do apply it and use the tests outlined by the case to permit you to move with your children. Some of the facts the court will consider are why do you want to move, how old are your children, how involved are your children with the other parent who lives here, what activities do the children do etc. There is not a clear-cut answer to say the court will or will not allow you to move. The move must be in your children's, not your, best interest. I would need more facts to provide you a clearer answer.