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  1. #1
    Join Date
    Jul 2011
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    2

    Default Relocation By a Parent With Sole Legal, Physical Custody

    I have sole legal & primary physical custody of the my children since 2007. It was granted to me because of some very bad decisions made by my exwife. In 2009 we went to court because she refused to return the girls back from visitation. I had to file an exparte to get them back. The decision said that she is to get a full psychological evaluation before she can file anything with the court in the future. That if she did not return the girls after scheduled parenting time that all parenting is to be suspended.

    On Jan 2011 I was assaulted by my exwife's husband at my place of employment where I suffered permanent damage (prior to the assault we have had 17 tires slashed on all of our cars in a 4 month period). I applied for an exparte to suspend visitation after I was released from the ER. After the exparte was heard the judge made the decision for me to retain sole legal custody (as before), the girls are to have no contact with the mother or her current husband until she has submitted to a full psych eval from a specific doctor named in the decision. Since she is not to have contact with me, my family, our daughters and she can't file any motion/petitions. Can I move and relocate out of state to care for my current wife's father who is in poor health and if I was offered another position in that state?
    Or do I still have to submit to our state's (NH) relocation of a child provision.
    461-A:12 Relocation of a Residence of a Child. –
    http://www.gencourt.state.nh.us/rsa/...A/461-A-12.htm

    I thought because of the circumstances where she can't submit paperwork and I have just cause that I could proceed to move without having to notify her/60 days prior or have a hearing because of prior ruling and also because of the pending felony criminal case against my exwife and her husband.

    If I DO have to go to court to get permission do I have to file a "parenting petition" or a "petition to change court order"? I have to do this pro se because I spent all of my money to get custody of the girls and I'm still in debt to the attorney.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Relocation By a Parent With Sole Legal, Physical Custody

    If your custody order does not exempt you from the state's requirement that you obtain permission to move with the child, then you need permission.

    I expect that the court will figure out what you want from the substance of your motion, however you choose to title it.

  3. #3
    Join Date
    Jul 2011
    Posts
    2

    Default Re: Relocation By a Parent With Sole Legal, Physical Custody

    State law requires it obviously because I posted it.
    But I asked the question because most father's haven't gotten what I've gotten in regards to a civil decision for their daughters.

    I've had a ruling in 2009 that says that she cannot file any motions with the court until she has submitted to a full psychological evaluation.
    And in Jan 2011 my ex, her husband is to have no contact with me, my family, our daughters and she can't file any civil motion/petitions...unless she submitted to a full psychological evaluation from a specific doctor in town (this from the last civil decision). Can I move and relocate out of state to care for my current wife's father who is in poor health and if I was offered another position in that state?

    I also asked that if I do have to file a petition which form is the correct form to file because they are two different forms.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Relocation By a Parent With Sole Legal, Physical Custody

    I'm not sure that ruling is actually enforceable; Mom has a constitutionally-protected right to petition the court so long as there is reason to do so. Preventing her from doing so would seem to be violating certain rights to due process.

    It looks like you need to petition to change the current court order to reflect the change in circumstance.

  5. #5
    Join Date
    Jul 2011
    Posts
    4

    Default Re: Relocation By a Parent With Sole Legal, Physical Custody

    what exactly is an exparte? how would i be able to get one? im going through some legal issues myself and im looking for any kind of help or loopholes i can find. thanks for your help.

    good luck to you by the way

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