Parental relocation refers to a situation in which a parent wants to move to a different city or state with their child from a previous relationship. Such a parent will typically have a child custody agreement with the child’s other parent that is an enforceable court order—often included in the divorce decree or in another court order for child custody and support obligations (in a suit affecting parent-child relationship or SAPCR).

The reasons a parent may want to relocate include a new job opportunity, educational opportunities, or to be closer to family members who are able to assist with raising the child. The other parent’s failure to meet child custody or visitation obligations may be cited as a factor in support of the parental relocation.

Child custody agreements and court orders typically include geographic restrictions on the parents’ travel with the children and on relocation of the parents’ residences—limiting relocation to a certain number of miles from the child’s school district or the parents’ residence at the time of divorce, for example. These restrictions are designed to ensure both parents will have frequent and continuing contact with the child.

Geographic restrictions can be changed by agreement of the parents or by court order if the spouse seeking to relocate files a motion to modify the child custody order. If the parents are not able to agree on relocation terms the court will generally make the decision on whether to permit or deny relocation based on what is in the best interests of the child.

In New Hampshire, parental relocation is addressed under RSA 461-A:12, which governs the relocation of a child's residence. When a parent with shared or sole custody intends to relocate, they must provide reasonable notice to the other parent, typically at least 60 days before the intended move. The notice should include the reason for the move and the proposed new address. If the other parent objects to the relocation, they may file a petition with the court to prevent the move. The court will then consider various factors to determine whether the relocation is in the best interest of the child, including the reasons for the move, the potential impact on the child's relationship with both parents, and the benefits of the move for the child's well-being. If the court finds that the relocation serves the child's best interests, it may allow the move and adjust the parenting plan accordingly. If the parents agree on the relocation terms, they can modify the child custody agreement with the court's approval. However, if they cannot agree, the court will make the final decision based on the child's best interests.