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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10292
Experience:  Experienced Family Law Attorney
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My husband has sole custody of his son in new mexico but we

Customer Question

My husband has sole custody of his son in new mexico but we would like to give custody back to the mother. Would we need to go to court to do this since she lives in Virginia or could we take him to her and she go to court for custody?
JA: Since laws vary from place to place, what state is this in?
Customer: The sole custody order is in new mexico but the mother lives in virginia
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: The child has failed to integrate into our family here and has many mental issues. He was taken away from his mother because of her drug and alcohol use but has since stopped using and started getting her life together
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.
I am sorry to hear this. One would need to modify the court order and under the Uniform Child Custody Jurisdiction Enforcement Act, the state that issued the order has ongoing and exclusive jurisdiction so the motion would need to be filed in New Mexico. If the other parent agrees the parties can file a stipulation and the court will generally rubber stamp and incorporate that into the order. Please let me know if you have questions on the above. Otherwise kindly rate positively. All information is information only as only a personal private attorney can provide legalitarian advice.
Expert:  LegalGems replied 1 year ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!