When individuals divorce, separate or become estranged due to the breakdown of a relationship, it is not unusual for one or both of them to move to a different city or a different state.
When these individuals are parents of shared children, however, such moves must consider existing custody and visitation arrangements. A change as simple as moving to a new school district can have an enormous effect on a child's quality of life and is of interest to the court.
At Wolfson & Bernazzani, PLLC, we assist parents in Nashua and throughout New Hampshire in obtaining the necessary permissions — from courts and, if possible, from co-parents — to relocate with their parental rights intact. We also assist parents who wish to prevent their counterparts from disrupting their children's lives and limiting their ability to spend time with their children.
Parental Relocation Must Be In A Child's 'Best Interest'
New Hampshire considers the "best interest" of children in all parenting decisions, including relocation. Usually, this best interest includes providing the child access to both parents, even if one has been granted physical custody of the child most of the time.
If the judge believes an out-of-state move or other long-distance relocation by the custodial parent will significantly disrupt the child's life, that parent may not be allowed to move with the child, or may have to make accommodations for the child to travel to see the other parent, siblings, grandparents and other relatives, as well as allow for communication with the child via e-mail, telephone, Skype or other means.
Conversely, if the judge believes the move is in the child's best interests, after considering other statutory factors, then relocation may be granted. It can be very difficult to prove that a proposed relocation hundreds or thousands of miles away is in the best interests of the child or children, but with the right set of facts, these cases can be won, and our attorneys have done just that.
The Importance Of Consulting With An Attorney
If you are considering relocating, or believe your co-parent is planning a move, it is wise to consult with seasoned attorneys who understand New Hampshire child custody laws and how they are practiced.
Xiorli Bernazzani is a seasoned family law practitioner who advocates strongly for her clients' interests through litigation, negotiation, mediation and collaboration. She is a mother who understands the delicate balancing act that relocations require, and has represented the interests of children as court-appointed guardians ad litem.
For more information about relocation and other child-related legal issues in New Hampshire, please read our Frequently Asked Questions page.
What Is Your Next Move? Contact An Attorney At Wolfson & Bernazzani, PLLC.
If you have questions concerning your child's prospective geographic move, we urge you to discuss your next legal move with us. Together, we can discuss your circumstances, learn your goals and work to achieve the best possible result for you and your family members.
To consult with one of our Nashua child relocation lawyers in a free initial consultation, contact our law firm online or call our office in Nashua at 603-272-6008.
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