Few custody disputes become as emotionally difficult or as heavily litigated as relocation cases do.

Most custody disputes, even contested ones, assume both parents will remain involved in the children’s lives. That involvement is expected to continue after the case is over. A relocation case changes that dynamic entirely. When one parent wants to move hundreds or thousands of miles away with the children, the court is no longer simply deciding a parenting schedule. Or dividing weekends and holidays. The court must decide whether the structure of the children’s relationship with one parent will fundamentally change moving forward.

In many ways, these are “all or nothing” cases.

If relocation is allowed, the parent remaining in New Hampshire may lose the ability to participate in the children’s day-to-day lives. This would not be the same as it once was. School events, sports, regular dinners, and ordinary weekly parenting time may suddenly disappear. School vacation blocks and video calls may replace them. If relocation is denied, the parent seeking to move may feel trapped geographically, financially, or emotionally. They may feel stuck in a place where they lack support, opportunity, or family connections.

There are very few easy compromises in these cases.

That is one reason relocation disputes often become some of the most hotly contested family law matters courts handle. The stakes are enormous for everyone involved, particularly the children.

New Hampshire law recognizes the importance of preserving meaningful parent-child relationships. It also acknowledges that life circumstances sometimes make relocation reasonable or even necessary. These cases are governed primarily by RSA 461-A:12. This statute addresses requests to relocate a child’s residence after a parenting or divorce action has been filed. The statute generally applies when the child resides with a parent for at least 150 days per year. The proposed move would significantly impact the other parent’s relationship with the child.

Importantly, New Hampshire law specifically provides that a parent cannot relocate a child without either agreement or court authorization unless relocation is necessary to protect the safety of the parent or child. That statutory framework reflects how seriously courts view these disputes.

At the center of every relocation case is a difficult balancing exercise.

The court is trying to determine whether the potential benefits of relocation outweigh the disruption to the child’s relationship with the other parent. Sometimes the answer is yes. Sometimes it is no. Often, both sides have compelling arguments, which is what makes these cases so difficult.

Why Relocation Cases Become So Contested

Relocation disputes often involve two parents who each believe they are advocating for what is best for the children.

The parent seeking relocation may have very legitimate reasons for wanting to move. They may be returning to the state where they grew up. Their extended family may live there. They may have access to housing support, childcare help, better employment opportunities, or a significantly improved financial situation. In some cases, the parent may have remarried or developed a serious relationship with someone who lives elsewhere.

From that parent’s perspective, the move may genuinely improve life for both themselves and the children.

At the same time, the other parent may also have a very legitimate position. That parent may have spent years actively involved in the children’s lives on a daily basis. They may coach sports teams, help with homework, attend school functions, and participate in the normal routines that define parenting. Relocation threatens to convert that day-to-day relationship into something much more limited and distant.

That tension is what makes these cases so difficult to resolve.

In many custody disputes, compromise is possible because both parents can remain physically present in the children’s lives. Relocation cases are different. If a parent wants to move from New Hampshire to Florida because their entire family and support system are there, moving halfway to Virginia is not really a meaningful solution. The relocating parent still does not gain the support structure they were seeking, while the nonmoving parent still loses substantial parenting time.

The geography itself often limits the available compromises.

The Legal Framework in New Hampshire

New Hampshire relocation law is shaped both by statute and by several important New Hampshire Supreme Court decisions.

The primary statutory authority is RSA 461-A:12. That statute establishes notice requirements and sets the basic framework for relocation disputes. It also reflects New Hampshire’s broader emphasis on preserving meaningful relationships between children and both parents whenever possible.

The foundational New Hampshire relocation case is Tomasko v. Dubuc, 145 N.H. 169 (2000). Tomasko established the burden-shifting framework that courts still apply today. Under that framework, the parent seeking relocation must first prove that the move has a legitimate purpose and that the relocation is reasonable in light of that purpose. If the relocating parent satisfies that burden, the burden then shifts to the other parent to prove that relocation is not in the child’s best interests.

Tomasko remains enormously important because it recognizes that not every relocation request is improper or unreasonable. Parents are allowed to move forward with their lives. But the case also recognizes that children benefit from strong relationships with both parents, and those relationships deserve substantial protection.

The practice guide also discusses In re Heinrich & Curotto, 160 N.H. 650 (2010). That case reaffirmed that relocation decisions are highly fact-specific and that no single factor controls the analysis. The court emphasized that judges retain broad discretion in determining how much weight to give various considerations.

Another significant case is In re Martin & Martin, 160 N.H. 645 (2010). In Martin, the Supreme Court made clear that relocation cannot simply be used as a mechanism to avoid interaction with the other parent. A parent’s desire to distance themselves from conflict, standing alone, is generally not enough to justify relocation absent legitimate safety concerns or other substantial reasons.

The guide also references In re Pfeuffer, 150 N.H. 257 (2003). That case reinforced how strongly courts value maintaining meaningful parent-child relationships and upheld denial of relocation where the move would significantly impair the relationship between the children and the nonmoving parent.

Finally, the guide discusses In re Lockaby & Smith, 148 N.H. 462 (2002). In that case, the Supreme Court reversed denial of relocation because the evidence did not sufficiently support the conclusion that relocation would harm the children’s best interests. The case illustrates how heavily relocation decisions depend on the specific evidence presented to the court.

What Makes a Strong Relocation Case

Not every relocation request is equally strong.

Generally speaking, the strongest relocation cases are those where the move substantially improves life for both the children and the relocating parent. Courts tend to look carefully at whether the relocation creates genuine benefits rather than simply reflecting a parent’s personal preference.

For example, imagine a parent currently living in New Hampshire with limited financial resources, minimal family support, and unstable housing. That parent receives a strong employment opportunity in another state near extended family members who can provide childcare assistance, emotional support, and stable housing options. In that situation, the move may significantly improve both the parent’s and the children’s overall stability.

Those facts matter.

The court is not simply evaluating whether the parent wants to move. The court is evaluating whether the move creates a better overall environment for the children. Financial opportunity, emotional support systems, educational opportunities, family relationships, and overall stability all become part of the analysis.

Family support is often particularly important in these cases.

A relocating parent who can demonstrate that grandparents, siblings, cousins, and other extended family members will become active parts of the children’s lives may have a substantially stronger case. Courts recognize that strong support systems can significantly improve a child’s quality of life and reduce stress on the primary parent.

Employment opportunities can also play a major role.

If the relocating parent can show substantially improved income, better career stability, or significantly improved financial circumstances, that may strengthen the relocation argument considerably. The stronger the evidence that the move genuinely improves the children’s lives, the stronger the overall case becomes.

What Makes Relocation More Difficult

On the other hand, certain facts make relocation substantially harder to obtain.

One of the most difficult relocation scenarios occurs when both parents are highly involved, capable, and active in the children’s day-to-day lives. If both parents have consistently exercised parenting time, attended school functions, participated in activities, and maintained strong emotional relationships with the children, courts are often reluctant to dramatically reduce one parent’s involvement.

That reluctance is consistent with broader New Hampshire family law principles.

RSA 461-A:2 reflects the state’s recognition that children generally benefit from having both parents meaningfully involved in their lives whenever possible. When relocation would significantly impair that involvement, courts tend to examine the proposed move extremely carefully.

A parent seeking relocation in those circumstances may face a difficult challenge.

Even where the move itself is understandable or reasonable, the court may conclude that preserving the children’s existing relationship with the other parent outweighs the benefits of relocation. That is particularly true when the nonmoving parent has established a long history of meaningful and consistent parenting involvement.

By contrast, relocation becomes easier to justify when the nonmoving parent has become minimally involved or largely absent from the children’s lives.

For example, if the nonmoving parent rarely exercises parenting time, inconsistently communicates with the children, or gradually disengages from parenting responsibilities altogether, it becomes easier to show that relocation will have limited impact on the existing parent-child relationship.

Those factual distinctions are enormously important.

Relocation Cases Often Go to Trial

Because there is so much at stake, relocation cases frequently proceed to trial.

The emotional intensity of these disputes often makes settlement difficult. A parent who fears losing meaningful involvement in their children’s lives may understandably feel unable to compromise. Likewise, a parent who believes relocation is essential to rebuilding financial or emotional stability may feel equally committed to the move.

That dynamic often leaves very little middle ground.

These cases also tend to involve extensive evidence and testimony. Courts may hear from:

• the parents
• guardians ad litem
• therapists
• teachers
• family members
• or other professionals involved in the children’s lives

Judges are often being asked to make profoundly difficult decisions involving competing but legitimate interests.

In many ways, relocation trials are less about proving one parent is “bad” and more about determining which outcome best serves the children despite the unavoidable tradeoffs involved.

How Relocation Cases Sometimes Resolve

Although many relocation cases proceed to trial, some do resolve through agreement.

Usually, those agreements focus heavily on maximizing the remaining relationship between the children and the nonmoving parent despite the distance involved. Since regular weekly parenting time may no longer be realistic, the parties often look for ways to preserve meaningful blocks of uninterrupted time.

That may include longer periods during:

• summer vacation
• school vacations
• holidays
• and long weekends where feasible

Technology also plays a much larger role in these arrangements than it once did.

The New Hampshire practice guide specifically discusses how video calls, texting, email, and other forms of electronic communication can help preserve long-distance parent-child relationships. Daily or near-daily video communication is common in many successful long-distance parenting plans.

At the same time, the practice guide correctly acknowledges an important practical reality:
virtual communication is not the same as in-person parenting time.

That point cannot really be overstated.

No amount of FaceTime fully replaces attending a child’s soccer game, helping with homework at the kitchen table, driving them to school, or participating in the ordinary routines that build parent-child relationships over time.

The Financial Reality of Long-Distance Parenting

Another major issue in relocation cases is the practical cost of maintaining long-distance parenting arrangements.

Sometimes proposed parenting plans sound reasonable in theory but become unrealistic financially. A relocating parent may propose that the nonmoving parent receive every school vacation, every long weekend, alternating holidays, and substantial summer parenting time.

But those arrangements depend on the ability to actually travel.

If airfare is expensive, the nonmoving parent may not realistically be able to exercise all of that parenting time consistently. Missing work, paying for repeated travel, arranging transportation, and managing logistics can become extremely difficult financially.

The age of the children also matters significantly.

Younger children often cannot travel independently. That means someone must accompany them during flights or long-distance travel, which substantially increases both complexity and expense. Courts often examine whether the proposed transportation plan is truly realistic given the children’s ages and the financial resources of the parties.

In many relocation cases, the relocating parent strengthens their proposal by offering to bear most or all transportation costs.

That approach often makes practical and strategic sense because the relocating parent is the one seeking the geographic change. Offering to facilitate ongoing parenting time and absorb much of the financial burden can demonstrate good faith and help reassure the court that the relocating parent genuinely intends to preserve the children’s relationship with the other parent.

Relocation Does Not Only Arise During the Initial Divorce

Relocation disputes do not only happen during the initial divorce or parenting proceeding.

Circumstances change over time. A parenting arrangement that worked well several years earlier may no longer reflect the practical realities of the parties’ lives. One parent may become substantially less involved over time. A parent may remarry, receive a significant job opportunity elsewhere, or develop strong support systems in another location.

These later changes can justify relocation requests years after the original parenting orders were entered.

For example, imagine a parent strongly opposed relocation during the original divorce and regularly exercised parenting time for several years afterward. But over time, that parent gradually disengages from the children’s lives, exercises parenting time inconsistently, and rarely communicates with the children.

That later factual situation may create a much stronger relocation argument than existed originally.

The court’s analysis is always based on present circumstances and the children’s current best interests, not simply the assumptions that existed years earlier.

Final Thoughts

Relocation cases are among the hardest custody disputes New Hampshire courts handle.

They involve extraordinarily high emotional stakes because the outcome often fundamentally changes the structure of a parent-child relationship moving forward. Unlike many custody disputes where both parents remain physically close and actively involved regardless of the schedule, relocation cases frequently create long-term geographic separation that substantially changes family dynamics.

New Hampshire law attempts to balance these competing realities through RSA 461-A:12 and the substantial body of case law interpreting it. Courts recognize that parents sometimes have legitimate reasons to relocate and move forward with their lives. At the same time, courts also recognize the profound importance of preserving meaningful relationships between children and both parents whenever possible.

Ultimately, these cases are intensely fact-specific.

The strength of a relocation case depends heavily on:

• the quality of each parent’s involvement
• the reasons for the move
• the opportunities available in the new location
• the practical ability to preserve relationships
• the age of the children
• and the overall impact on the children’s emotional and developmental well-being

Because there are rarely perfect solutions in these cases, thoughtful preparation, realistic expectations, and careful legal analysis become critically important.

Frequently Asked Questions About Relocation Cases in New Hampshire

What law governs relocation cases in New Hampshire?

RSA 461-A:12 primarily governs relocation cases, along with several important New Hampshire Supreme Court decisions that interpret that statute. The law applies when a parent wants to move in a way that would significantly affect the other parent’s relationship with the child.

Does a parent need court permission to move with a child out of New Hampshire?

Usually yes. If the move would substantially impact the other parent’s parenting time or relationship with the child, court approval is generally required unless the parties agree or there is an emergency safety issue.

What does the court consider when deciding a relocation case?

The court looks at whether the move has a legitimate purpose, whether the move is reasonable, and whether relocation is in the child’s best interests. Judges evaluate factors like the child’s relationship with each parent, educational opportunities, family support systems, financial stability, and the practicality of maintaining contact with the nonmoving parent.

What is considered a legitimate reason to relocate?

Legitimate reasons often include employment opportunities, moving closer to family support, remarriage, educational opportunities, or improved financial and emotional stability for the parent and children. Simply wanting to get away from the other parent is generally not enough by itself.

Are relocation cases difficult to win?

They can be. These are some of the most heavily contested custody disputes because the outcome often significantly changes one parent’s relationship with the children. The strength of the case depends heavily on the specific facts and the degree to which the move benefits the children overall.

What if the other parent has not been very involved with the children?

That can strengthen a relocation request. If the nonmoving parent has had limited involvement, inconsistent parenting time, or minimal communication with the children, it may be easier to show that relocation will have less impact on the parent-child relationship.

Can relocation cases settle without going to trial?

Yes, although settlement can be difficult in these cases. When they do settle, agreements often focus on maximizing parenting time during school vacations, holidays, and summer breaks while also increasing communication through video calls and other technology.

Who usually pays for travel expenses after relocation?

That depends on the circumstances, but courts often expect the relocating parent to contribute significantly to transportation costs since they are the party seeking the move. Travel expenses can become a major issue, especially when airfare or long-distance transportation is expensive.

Can a parent seek relocation years after the divorce is finalized?

Absolutely. Relocation requests do not only arise during the initial divorce proceeding. Circumstances can change over time, including employment opportunities, remarriage, financial stability, or changes in the other parent’s level of involvement with the children.

Does virtual communication replace in-person parenting time?

No. Courts recognize that video calls, texting, and other communication tools are helpful in maintaining long-distance relationships, but they are not a substitute for regular in-person parenting time and participation in the child’s daily life.

About the Author: Damian Turco is the Founder and Managing Partner of Turco Legal and has practiced divorce and family law since 2008.
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