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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33408
Experience:  Began practicing law in 1992
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I have a question regarding the rights of a husband married

Customer Question

I have a question regarding the rights of a husband married to someone from another country who is her sponsor. They have a child together and they are having some serious problems right now. Can she take her son out of New Mexico legally. What rights does he have?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

This is really two separate questions for two separate areas. I can help with the question as to the law concerning parental rights but I can't address the immigration issues. Do you want me to assist with the area of parental rights?

Customer: replied 1 year ago.
I would like you to answer this and let me know who can answer the immigration issue
Customer: replied 1 year ago.
I am not sure if you received my response
Expert:  Dwayne B. replied 1 year ago.

You would have to open a new/separate question in the immigration law section. My screen is showing you are a subscription customer so it shouldn't cost anything extra to do that.

As to the mother's rights, assuming that there is no court order in place at this time then each parent has absolutely equal rights to the child and either parent can take the child and move anywhere they see fit. They aren't allowed to move off and "hide" the child from the other parent but they can move.

What she will likely want to consider doing is hiring a lawyer and getting temporary orders issued. That way she can allow the husband to still visit with the child without having to worry about him grabbing the child and going back to the original state, plus she can get child support, insurance, etc. What happens a lot of times is that one parent moves to another state and then agrees to allow visitation and the visiting parent takes the child, goes back to the original state, files for temporary orders, and gets temporary custody of the child and the parent that has moved is now stuck in a new state and having to battle for custody in another state.

Please ask any follow ups in this thread.