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Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My sister-in-law is in new mexico, has a 1 year old who was

Customer Question

My sister-in-law is in new mexico, has a 1 year old who was born there, she is unmarried, has split with her boyfriend badly - he is on the birth certificate.
She would like to move to AZ with the baby to live with us and get a fresh start where there are better opportunities, but he has filed custody papers in new mexico for joint custody. (she has been served, but no court dates or anything yet)
Can she move to az, or is she forced to stay in new mexico? Can he come to AZ and file here?
many thanks for any help.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. I certainly understand the situation and your concern. If he has filed for custody, the papers likely restrict her ability to leave the State with the child, while the matter is pending. She MUST review the legal papers she was served with, as I am inclined to believe it states the same. If it does, then she would need to get permission from the Judge, to temporarily relocate with the child and explain to the Judge that there are better opportunities there for her, which will allow her to provide better for the child. She can agree to allow him visitation but that she wants to remain the custodial parent and that she needs to relocate, for the best interest of the child. Since they live in New Mexico, that is the State and the court which would have jurisdiction over the matter.

Expert:  FamilyAnswer replied 1 year ago.

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