Question:

I am moving to NH can my childs dad go to NH court and try and get 50 physical custody? He has shared legal right now.

Answer:

If you have an order, it might address this issue. Look within it to see if it talks about either party moving his or her residence – or the child’s residence – out of state.

If the order doesn’t address it, the case law controls. You need to bring an action for removal of the child. You can move with the permission of the other party or with the Court’s permission. To get that, if the other party objects, you will need to show that the move is in the child’s best interest. You may also have to take on the onus of transportation and/or costs associated with the other party’s parenting time now that the child lives in another location or amend the parenting plan as a result of the new location.

This isn’t an easy area to navigate alone. Consult with an attorney and get advice about your individual situation.

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