Moving Away With a Child in New Hampshire: Relocation Notice, Distance Rules and Burden of Proof
In New Hampshire a parent needs a court order to relocate a residence where the child lives 150 days or more, with 60 days’ notice presumed reasonable. The mover shows a legitimate purpose, then the other parent must show the move is not in the child’s best interest.
What does the New Hampshire relocation law say?
The section applies any time after a parenting or divorce petition is filed, to the relocation of any residence in which the child resides at least 150 days a year, unless the move brings the residence closer to the other parent or keeps it within the child’s current school district. A parent shall not relocate a child without a court order unless relocation is necessary to protect the safety of the parent or child (RSA 461-A:12, I-II-a).
| Question | What the statute says |
|---|---|
| When it applies | Any time after a parenting or divorce petition is filed, to a residence in which the child lives at least 150 days a year |
| Exception | A move closer to the other parent or within the child’s current school district |
| Court order | A parent shall not relocate a child without a court order unless needed to protect safety |
| Notice | Reasonable notice; 60 days is presumed reasonable |
| Hearing | On request, within 30 days in an open case; a temporary order then a final hearing within 60 days if more time is needed |
| Burden | The mover shows a legitimate purpose and a reasonable location; then the other parent shows the move is not in the child’s best interest |
How much notice is required in New Hampshire?
The parent provides reasonable notice to the other parent before relocating, and 60 days is presumed reasonable unless other factors are present or the parents have a written agreement; factors justifying shorter notice include relocation to protect safety or because the current abode is unavailable due to circumstances beyond the parent’s control (461-A:12, III).
How fast is the hearing in New Hampshire?
At either parent’s request the court holds a hearing, and either party may ask for ex parte orders to prevent or allow the move. In an open case the hearing is within 30 days of the request, and after a petition to re-open a closed case within 30 days of service; the first hearing may be noticed as final, or as temporary with a final hearing no later than 60 days later (461-A:12, IV).
Who has the burden of proof in New Hampshire?
The parent seeking permission must show by a preponderance of the evidence that the relocation is for a legitimate purpose and that the proposed location is reasonable in light of that purpose; then the burden shifts to the other parent to prove, by a preponderance, that the move is not in the child’s best interest (461-A:12, V-VI).
What will the court not consider in New Hampshire?
It shall not give undue weight to a temporary relocation order and shall not consider whether the parent seeking to relocate has declared that he or she will not relocate if relocation of the child is denied (461-A:12, VII-VIII).
What happens if the move is allowed in New Hampshire?
The court may modify the allocation or schedule of parenting time or both based on a finding that the change is in the child’s best interests (461-A:12, IX). Recount with the New Hampshire parenting time calculator and run the New Hampshire child support calculator.
Does the 150-day rule cover both homes in New Hampshire?
It covers any residence in which the child resides at least 150 days a year, so with a roughly equal schedule it can cover both parents’ homes (461-A:12, II).
Where can I read the relocation statute in New Hampshire?
Read it in full at the legislature site, and compare it with the child support guideline definitions of the schedules (RSA 458-C:2; 458-C:5).
What should you do before moving in New Hampshire?
Read your parenting plan, give written notice at least 60 days ahead, and if the other parent objects, ask the court for a hearing; ask a licensed New Hampshire attorney about timing.
Frequently asked questions
How much notice do I have to give before relocating with a child in New Hampshire?
Reasonable notice, presumed to be 60 days, and a court order unless a safety exception applies.
How fast does a New Hampshire court hear a relocation request?
Within 30 days of the request in an open case.
Who has the burden of proof in a New Hampshire relocation case?
The mover first, then the other parent.
Does a New Hampshire move within the school district need permission?
The relocation section does not apply to a move closer to the other parent or within the child’s current school district.
Does a move change New Hampshire child support?
It can, if it changes the days.
Official sources
- RSA 461-A:2: statement of purpose
- RSA 461-A:4: parenting plans
- RSA 461-A:5: decision-making responsibility
- RSA 461-A:6: best interest
- RSA 461-A:12: relocation of a residence of a child
- RSA 458-C:2: child support definitions
- RSA 458-C:5: adjustments; parenting schedule
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited New Hampshire statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed New Hampshire attorney.