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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10243
Experience:  Experienced Family Law Attorney
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My wife and I had a arguement. She took our 12 year old daughter

Customer Question

My wife and I had a arguement. She took our 12 year old daughter without my consent out of the state of new mexico and took her to el paso texas (approx 100 miles from where we live). I havent made a big deal out of it because i thought she woulld cool off and come back. My wife just started a job in el paso texas approx. 1 month ago. Ive only been able to see my daughter a couple of times. I want to spend some time with my daughter and take my daughter on a mini vacation and my wife says no. What can i do?
We are not leagally seperated or anything like that. thank you T.
Submitted: 2 years ago.
Category: Family Law
Expert:  LegalGems replied 2 years ago.
Good Day! I'll do my best to assist you. Please remember: I only provide general information and a local attorney should always be consulted.
I am sorry to hear this; a few minutes please as I look into this.
Expert:  LegalGems replied 2 years ago.
Thank you for your patience.
Under the UCCJEA ( a child custody jurisdiction federal act), the state with "home state" jurisdiction is the state where the child has resided for the past 6 months.
Therefore, if the child has not resided in the new state for longer than 6 months, then the child's home state has continuing and exclusive jurisdiction.
As such, a parent can bring a custody/visitation action (no divorce required) in the child's home state. If the other parent has taken the child out of state, the court will direct that parent to return to the child's home state so that the proper court can exercise jurisdiction.
In considering the best interests of the child, the court considers many factors, and that will determine custody/visitation.
The factors the court will consider include:
(1)the wishes of the child's parent or parents as to his custody;
(2) the wishes of the child as to his custodian;
(3) the interaction and interrelationship of the child with his parents, his siblings and any other person who may significantly
affect the child's best interest;
(4) the child's adjustment to his home, school and community; and
(5) the mental and physical health of all individuals involved.
Additionally if a court deems that a parent is engaging in parental alienation (purposefully alienating the child and other parent's relationship) that will be taken into consideration as that is generally considered detrimental to the child.
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Thank you and take care!
Expert:  LegalGems replied 2 years ago.
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