CHAPTER 461-A PARENTAL RIGHTS AND RESPONSIBILITIES
Section 461-A:12
461-A:12 Relocation of a Residence of a Child. –
I. This section shall apply any time after the filing of a parenting petition or a divorce petition. This section shall not apply if the relocation results in the residence being closer to the other parent or to any location within the child's current school district.
II. This section shall apply to the relocation of any residence in which the child resides at least 150 days a year.
II-a. A parent shall not relocate a child without a court order unless relocation is necessary to protect the safety of the parent or child, or both.
III. Prior to relocating, the parent shall provide reasonable notice to the other parent. For purposes of this section, 60 days notice shall be presumed to be reasonable unless other factors are found to be present, or the parents have a written agreement to the contrary. Factors justifying shorter notice shall include, but are not limited to, relocation to protect the safety of the parent, child, or both, or relocation because the current abode is unavailable due to circumstances beyond the control of the parent.
IV. At the request of either parent, the court shall hold a hearing on the relocation issue. Either party may request that the court issue ex parte orders as provided in RSA 461-A:9 to prevent or allow relocation of the child. The court shall hold an evidentiary hearing on the relocation request in the following manner:
(a) In an open divorce or parenting case, the court shall hold a hearing within 30 days of the request for a hearing on the relocation issue.
(b) Following a petition to re-open a closed divorce or parenting case, the court shall hold a hearing within 30 days of service of the petition on the other party.
(c) The court may notice the initial hearing on relocation as a final hearing on relocation. If the court determines it needs additional information or time to make a final determination on the relocation of the child, it shall notice the initial hearing as a temporary hearing on the relocation issue. After the temporary hearing, the court shall issue a temporary order on the relocation request and schedule a final hearing no later than 60 days from the temporary hearing date, unless the parties agree otherwise.
V. The parent seeking permission to relocate bears the initial burden of demonstrating, by a preponderance of the evidence, that:
(a) The relocation is for a legitimate purpose; and
(b) The proposed location is reasonable in light of that purpose.
VI. If the burden of proof established in paragraph V is met, the burden shifts to the other parent to prove, by a preponderance of the evidence, that the proposed relocation is not in the best interest of the child.
VII. If the court has issued a temporary order authorizing temporary relocation, the court shall not give undue weight to that temporary relocation as a factor in reaching its final decision.
VIII. The court, in reaching its final decision, 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.
IX. If the parties agree on or the court authorizes the relocation of a residence of a child, the court may modify the allocation or schedule of parenting time or both based on a finding that the change is in the best interests of the child.