Good afternoon. I certainly understand the situation and your concern. There are a couple issues here. The first, is the claim that the mother signed under duress and it was not done freely and voluntarily. If that is the case, she could try and get the agreement vacated, if she can show and has evidence, to support her claim. Moreover, the may concern is and will always be, the best interest of the child. If the child is suffering, as a result of being with the father and his breakdowns or other mental health issues, then the child should be removed from the home. Again, the mother would need to show these issues are present, to modify the current custody agreement. Finally, even if custody is awarded to the mother, she would need to overcome the issue with moving with the child, to the other side of the State. I say this because it would take away visitation rights of the father, so he would not get the see the child every other week, because of the commute. While it can be done, it may be tough, so she needs to gather evidence and show the child will have a better life with her and it outweighs the visitation and time with the child, that the father will lose.
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