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Can My Children & I Move Further Away from My Ex-Spouse?

Does your child live with you at least 150 days a year? If so, then you have to receive the Court’s permission to relocate your children further away from their other parent. Below, we explain things to remember if you want to move your children far away from your ex:

  1. Prior to the scheduled relocation, you should provide reasonable notice to the other parent. A 60 day-notice is presumed to be reasonable.
  2. You should file a motion with the Court to request relocation with your children.
  3. In order to prevail on your relocation motion, you need to demonstrate that the relocation is for a legitimate purpose and the proposed location is reasonable in light of that purpose.
  4. After you demonstrate the required factors to relocate your child, the parent opposing the relocation must demonstrate that the relocation is not in the child’s best interest in order to defeat the request.

You might be asking yourself, “How can I show that the relocation is for a legitimate purpose and is in the best interest of the children?” Think about the facts and evidence that will demonstrate the following things:

  • The purpose of your relocation
  • This purpose is “legitimate” or, in other words, good enough. Employment, increased income, family, and marriage are some examples.
  • The location where you want to relocate the children is reasonable considering the purpose.
  • Relocation is in the best interest of the children.

Are you thinking of relocating with your children further away from your ex-spouse? Do you need an experienced family law lawyer to help you present your case to the court? Call (603) 734-5461 today to schedule your consultation with one of our Manchester attorneys. We are here to serve you!

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