I would like to move out of state with my son

[mumof2boys]

My jurisdiction is: New Hampshire

We live in New Hampshire, and when the custody case originally went through it was in the state of Maine. My fiance and I want to move with my son and our new baby to a different state. I am the custodial parent and he only sees his father on some weekends. It is stated that he lives with me and sees his father not so often. I know his father will have a hard time with this, but I think it is in my son's best interest to move to a different area, safer area, and an area that has a great school system. Right now we are in a crowded home and he shares a small bedroom with his brother who is 5 years younger than him, and he is going to be starting public school soon in a not so good school system. Would I have to file a motion with the court with good reason for moving?

 

[Duranie]

Yes you would have to get permission from the courts to move if you cannot get Dad to agree. Dad does have the right to try and stop the move. Maine still has jurisdiction if Dad still lives there. What state are you planning on moving too? If you are allowed to move you may be paying for all transportation for visits.

 

[mumof2boys]

Yes you would have to get permission from the courts to move if you cannot get Dad to agree. Dad does have the right to try and stop the move. Maine still has jurisdiction if Dad still lives there. What state are you planning on moving too? If you are allowed to move you may be paying for all transportation for visits.

I figured as much with the courts and so on, but having for pay for him to see his own son. We plan on moving to North carolina, I have family there.

 

[WhirledPeas]

You're not "paying him to see his own son", you're paying the additional travel expenses that he wouldn't have otherwise incurred had you not been granted permission to move your child so far away from the other parent. It is also possible that your child's father could file for physical custody.

 

[Duranie]

It is perfectly reasonable of you to have to pay travel expenses, why would you think otherwise? By moving you are creating an expense for dad. If you create the distance, planning on giving him either a credit on his child support to offset travel expenses, or pay for airline tickets a few times a year.

 

[mumof2boys]

I had to travel and still have to travel to pick up drop him off and he lives with me. I just don't understand why I would have to pay for him to visit. He lived in northern Maine and I live in southern NH and I had to travel and was never compensated for it.

 

[irish223]

Since the order is out of Maine, then you must have moved from Maine to NH with your child. That's why you had to incur the travel expenses, and also why you will probably have to incur additional expenses if you are allowed to move again.

 

[Duranie]

again, if you MOVE and you create the distance you will be required to help out with transportation. What part of that don't you understand? Where in your order does it say that you can move wherever you want and have Dad responsible for 100% of travel expenses? That is not going to happen. If you would stop moving the child around, you would not have to worry about this.