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JenniferWC · Jun 14, 2009, 12:14 PM

Per NH law, because I have lived in NH with my children for about 2 years and am now under NH jurisdiction, I know that I needed to send a certified restricted signature letter of my 60 day notice of relocation to my ex-husband, who resides in MA. I did send a letter which he received, however he is angry and says he is not letting me! He has not seen the kids in over a month and has recently asked to take them for the day!
Question 1: If he does not return with them when he is supposed to is that kidnapping?

Question 2: Also, when the 60 days is up, if he has not appealed to the courts of NH, can I be arrested for moving out of state with the kids?

stevetcg · Jun 14, 2009, 02:17 PM

Is his visitation court ordered?

JenniferWC · Jun 14, 2009, 02:31 PM

No we have an agreement contract in which he can visit whenever he wants, but he has not seen them in over a month!

ScottGem · Jun 14, 2009, 02:44 PM

Originally Posted by JenniferWC

I know that I needed to send a certified restricted signature letter of my 60 day notice of relocation

Can you cite the law that states this?

Originally Posted by JenniferWC

Question 1: If he does not return with them when he is supposed to is that kidnapping?

If you have primary physical custody and he does not return the children from a visit, then yes it may be considered kidnapping. It depends o9n the terms of the custody order.

Originally Posted by JenniferWC

Question 2: Also, when the 60 days is up, if he has not appealed to the courts of NH, can I be arrested for moving out of state with the kids?

I doubt if you can be arrested if you have informed him of the move and he knows where you are. However, you could be forced to return or relinquish primary custody, if your move interferes with his ability to exercise the visitation agreement. It might depend on the wording of the statute that requires the 60 day notice.

JenniferWC · Jun 14, 2009, 03:27 PM

A: The relocation statute (NH RSA 461-A:12) requires that the relocating parent shall provide reasonable notice to the other parent of the move. While “reasonable notice” may vary depending on special factors present in your case, in most cases 60 days is presumed reasonable notice. This notice requirement applies in all parenting rights and responsibilities cases unless specifically addressed otherwise in the parties' existing order or agreement. However, it does not apply when the relocation will move the parent and children closer to the other parent or within the same school district.

ScottGem · Jun 14, 2009, 03:40 PM

Do you think you can prove:

(a) The relocation is for a legitimate purpose; and
(b) The proposed location is reasonable in light of that purpose.

While the statute suggests 60 days as reasonable notice, it does not specify what happens if the NCP doesn't respond within 60 days. It does state that the NCP can request a hearing That request could come after the move.

I would strongly urge that YOU request the hearing and get a court to approve the move. Rather than move without it.

JenniferWC · Jun 14, 2009, 03:46 PM

(a) The relocation is for a legitimate purpose; and
(b) The proposed location is reasonable in light of that purpose.

A: Yes, I am moving to be living with my husband, who is a GA student and teacher at Syracuse University! I also have possible job opportunities that I do not have here. I have been unemployed since 02/06/09 and have not yet found employment here in NH. I also have not received child support for over a month! I do not have the money to go to court because of all of these reasons!

ScottGem · Jun 14, 2009, 03:48 PM

I think you are risking problems if you don't go to court. I don't think it would be expensive for you to file a motion to allow relocation.

cdad · Jun 14, 2009, 04:01 PM

Originally Posted by ScottGem

I think you are risking problems if you don't go to court. I don't think it would be expensive for you to file a motion to allow relocation.

The question burning in my mind is what court was the child custody / support decided in ? If it was in Ma and he still resides there then NH has nothing to do with it.

JenniferWC · Jun 14, 2009, 04:05 PM

Me and my children have been residing in NH for over 2 years! Once the children have been in a state for over 6 months the jurisdiction then falls in the state they reside!

cdad · Jun 14, 2009, 04:06 PM

Originally Posted by JenniferWC

(a) The relocation is for a legitimate purpose; and
(b) The proposed location is reasonable in light of that purpose.

A: Yes, I am moving to be living with my husband, who is a GA student and teacher at Syracuse University! I also have possible job opportunities that I do not have here. I have been unemployed since 02/06/09 and have not yet found employment here in NH. I also have not received child support for over a month! I do not have the money to go to court b/c of all of these reasons!

How long ago did he make the move to Ga ?

JenniferWC · Jun 14, 2009, 04:09 PM

GA is a Grad Assistant Student! He basically works for Syracuse University while attending classes. He also does research to gain grants for the school.

cdad · Jun 14, 2009, 04:13 PM

Originally Posted by JenniferWC

Me and my children have been residing in NH for over 2 years! Once the children have been in a state for over 6 months the jurisdiction then falls in the state they reside!

If this is what you believe then you have been misinformed. The jurisdiction resides with the court that originates it until it is given up. That's why I had asked in what court ( state ) the original orders were from. If your ex and the original orders are both in the same state then no matter how long your away they would have to release jurisdiction for it to change hands.

JenniferWC · Jun 14, 2009, 04:24 PM

I have met with a NH Family Law Attorney who verified this for me! Do you have the law that states this?

Fr_Chuck · Jun 14, 2009, 04:33 PM

The issue here is where the child custody agreement though the court has been issued.

The child's father is he listed on the birth certificate.

If there is no court order in place then there is no legal order as to who has custody of the child and which parent should have custody.

It appears since he has let you have the child, and he has not filed anything when you moved to NH.

I am assume you and ex husband lived in MA together??

But if you have a child custody agreement from MA, it is stll valid and while you may get to file in NH new court filings, the original court has jurisdiction till you move it. And as long as ex is living in MA if that is where the original court was held, they will still have it as long as ex husband lives there.

You merely living somewhere else 2 years has little to do with it.

Please provide a lot more details as to original child custody agreement when you got divorced

ScottGem · Jun 14, 2009, 04:37 PM

Originally Posted by JenniferWC

Me and my children have been residing in NH for over 2 years! Once the children have been in a state for over 6 months the jurisdiction then falls in the state they reside!

That's actually not necessarily the case. Usually if the custody order was issued in one state and either parent remains in that state, then that state still has jurisdiction. It is not automatic that a change in residence of the children changes jurisidiction.

stinawords · Jun 14, 2009, 04:53 PM

If you already have a lawyer why are you looking for answers online? I would also advise that you look for a second lawyer in your area to verify what the first one said because no, jurisdiction does not just change because the child has been living somewhere else for a given period. What ever court (state) originated the order will still hold jurisdiction until it gives it up. If that is where the father still resides then no that court does not have to give it up period. If NH is where the order originated then why are you going round and round saying how long you have lived there.

JenniferWC · Jun 14, 2009, 05:26 PM

My first Lawyer was a friend of the family and stated he could not advise me because the divorce and child support decisions do stay within MA, however child custody laws change when you reside in a different state for over 6 months! I had a free consultation with a NH lawyer who did verify this! My questions were not on the jurisdiction, but on the laws after the NH statute regarding relocation of my children. I am getting advice online because I cannot afford to get a lawyer at the present time! Are you all lawyers too? If not, then when answering someone's questions it would be great if you had the state law handy to back it up! I am now done with any questions online! Thank you all for your time and take care!

Fr_Chuck · Jun 14, 2009, 05:56 PM

First of course, NH law can not override an existing order in another state, as long as one of the parents are still living there, unless there is a hearing. You can try and get the other parent to sign over to let your state have jurisdiction.

The 6 months would be how long you had to live there for you to file if you had never filed a case before.

The other issue is your friend who was an attorney already gave you correct advice

I would ask the lawyer giving you that advice that it can be moved, to put it in writing that if it can not be moved to your state, you would owe nothing.

It is common for one parent to have to travel 1000's of miles back to the original court.

cdad · Jun 14, 2009, 06:56 PM

Originally Posted by JenniferWC

I have met with a NH Family Law Attorney who verified this for me! Do you have the law that states this?

Here you go.

Uniform Child Custody and Jurisdiction Act - Family Law

Uniform Child Custody Jurisdiction and Enforcement Act