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Parenting Rights and Moving Away

RSA 461-A:6 — the child's best interests, and 60 days' notice before relocating

In deciding parental rights and responsibilities, the court is guided by the best interests of the child and considers the factors the section lists, among them the child's relationship with each parent and each parent's ability to provide nurture, love, affection and guidance, and adequate food, clothing, shelter and medical care.

  • RSA 461-A:6
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Who handles this in New Hampshire: legal aid programs, lawyer referral and the state offices, listed in the New Hampshire directory.

Moving the child. After a parenting or divorce petition is filed, a parent may not relocate a child without a court order unless relocation is needed to protect the parent's or child's safety. Before relocating, the parent gives the other reasonable notice, and 60 days is presumed reasonable.

  • RSA 461-A:12

The relocation rule applies to a residence where the child lives at least 150 days a year, and not to a move closer to the other parent or within the child's current school district.

  • RSA 461-A:12
Sources for this section (2)
  1. RSA 461-A:6 — Determination of Parental Rights and Responsibilities; Best Interest
  2. RSA 461-A:12 — Relocation of a Residence of a Child

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New Hampshire attorney.

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