Nashua Child Relocation Attorney


Serving Hillsborough County, New Hampshire


We live in a mobile society where one parent may seek to move away from the other parent. If allowed, a child and the left-behind parent will feel the effects of that relocation.


Working against the left-behind parent is that, while sharing parenting time with the child is an important right, it must yield to the greatest good of the child. But that does not mean that every relocation of the child will be granted.


Nashua, NH Child Relocation Attorney

After the filing of a divorce or parenting petition, a parent cannot relocate a child without a court order unless relocation is necessary to protect the safety of the parent or child, or both. Prior to relocation, the parent shall provide reasonable notice to the other parent, with 60 days presumed to be reasonable unless other factors are found to be present, or the parents have a written agreement to the contrary.


The parent seeking permission to relocate bears the initial burden of demonstrating, but a preponderance of the evidence, that:


  • The relocation is for a legitimate purpose; and,

  • The proposed location is reasonable in light of that purpose.

If the parent seeking permission to relocate establishes these points, the burden then shifts to the other parent. That parent must prove, by a preponderance of the evidence, that the proposed relocation is not in the best interest of the child.


In reaching its final decision, the court 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. 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.


In deciding the best interest of the child, the court will consider several factors:


  • each parent's reasons for seeking or opposing the move;

  • the quality of the parent-child relationships;

  • the impact of the move on the quality and quantity of the child's future contact with the left behind parent;

  • the degree to which the moving parent's and child's life may be enhanced economically, emotionally, and educationally by the move;

  • the feasibility of preserving the relationship between the left behind parent and child through suitable visitation arrangements;

  • any negative impact from continued or exacerbated hostility between the parents; and,

  • the effect that the move may have on any extended family relations.

In reaching its final decision, the court 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. 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.


Attorney Driscoll explains the law in plain-English. He can prepare you for what lies ahead. In a fog of chaos, I can work with you to develop your goals and provide you with choices and direction. Call (603) 589-4040 for a private consultation. His handicapped accessible office is conveniently located at 20 Trafalgar Square in Nashua, NH. My office is quickly accessible from Amherst Street (Route 101A) as well as Exits 7W and 8 off the Everett Turnpike.