New Hampshire Custody and Relocation Rules

A parent wanting to relocate after a custody order is in place faces one of the most contentious issues in New Hampshire family law. Moving — whether across the state or out of state — can fundamentally disrupt an existing parenting schedule, especially one built around the 2025 equal parenting time presumption. The court's priority: protecting the child's stability and the non-relocating parent's relationship with the child.

New Hampshire's Approach to Relocation

New Hampshire has no fixed-mileage trigger, but RSA 461-A:12 governs relocation of a residence where the child resides at least 150 days a year. The relocating parent must provide reasonable notice and meet the statute's burden before the court considers a modified arrangement.

The key standard: the court evaluates whether the proposed relocation serves the child's best interests under RSA 461-A:12 and the best-interests factors in RSA 461-A:6.

What Courts Consider

When a parent files a modification request based on relocation, the judge weighs several factors:

The reason for the move. A legitimate job transfer, family support network, or educational opportunity carries more weight than a general desire to "start fresh." Courts are skeptical of moves that appear designed to limit the other parent's access.

Impact on the existing schedule. If the current arrangement is a 2-2-5-5 schedule with both parents living 15 minutes apart, a move to another state makes that schedule physically impossible. The court must evaluate whether a modified long-distance schedule can adequately maintain the child's relationship with the non-relocating parent.

The child's ties to the current community. School enrollment, friendships, extracurricular activities, extended family connections, and established medical providers all factor in. A child thriving in their current school and community creates a strong argument against relocation.

The non-relocating parent's involvement. If the non-relocating parent has been actively exercising their parenting time, attending school events, and maintaining a strong bond with the child, the move may have a greater effect on an established relationship. A parent who has been uninvolved may have less evidence that the move would disrupt that relationship, but the court still evaluates the child's best interests.

The child's age and developmental needs. Younger children may adapt more easily to a new environment, while a teenager with established social connections and school commitments faces more disruption.

Feasibility of a modified schedule. Can the proposed long-distance arrangement still provide meaningful time with the non-relocating parent? A plan that shifts to a school-break and summer-heavy schedule (6-8 weeks in summer, alternating holidays) may be workable for older children but problematic for toddlers who need frequent contact.

The Process

Step 1: Give notice. Before relocating a residence in which the child resides at least 150 days a year, the parent must provide reasonable notice to the other parent. Under RSA 461-A:12, 60 days' notice is presumed reasonable, subject to safety and other circumstances that may justify shorter notice. Failing to provide reasonable notice before moving with the child can result in an emergency motion to return the child.

Step 2: Attempt agreement. If both parents can agree on a modified schedule that accommodates the move, file a stipulated modification with the court. This avoids a contested hearing and gives both parents control over the new arrangement.

Step 3: File for modification if you can't agree. File a Motion to Modify the parenting plan at the Circuit Court Family Division that issued the original order. The filing fee is $225 for contested modifications.

Step 4: Hearing. The parent seeking permission to relocate must first prove by a preponderance of the evidence that the relocation has a legitimate purpose and that the proposed location is reasonable for that purpose. If that burden is met, the burden shifts to the other parent to prove by a preponderance of the evidence that the relocation is not in the child's best interests.

What You Cannot Do

Move first, ask permission later. Relocating with the child before providing the required notice or obtaining court approval or the other parent's agreement is one of the fastest ways to lose credibility with a judge. Courts may order the child returned pending a hearing.

Relocate to escape the other parent. A move motivated by a desire to limit the other parent's access — rather than genuine necessity — may be denied or conditioned. Courts specifically evaluate whether each parent supports the child's relationship with the other parent, and relocating to create distance is a red flag.

Planning for Relocation in Your Original Parenting Plan

The best time to address relocation is when you first draft the parenting plan. Include provisions covering:

• Required advance notice (60 days is presumed reasonable)
• A good-faith negotiation period before either parent files with the court
• How transportation costs will be split for long-distance exchanges
• Communication technology requirements (video calls, messaging) to maintain the child's connection with the distant parent

The New Hampshire Child Custody & Parenting Plan Guide includes relocation notice templates and a long-distance schedule framework for parents who need to modify their arrangement after a move.

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