WomensLaw serves and supports all survivors, no matter their sex or gender.

Legal Information: New Mexico

Custody

View all
Updated: 
January 5, 2024

Can I change the state where the case is being heard?

If you move to another state, you may be able to change the state where the custody case is being heard. You will have to file a motion in court to ask the judge who is hearing the case to change the state where your case is being heard (which may be called a motion for a change of venue). The judge may do so if:

  • the child and both parents no longer live in New Mexico; or
  • if the child and one parent no longer live in New Mexico and substantial evidence is no longer available in New Mexico concerning the child’s care, protection, training, and personal relationships.1

For more information on modifying a custody order from a different state, go to the Changing a final custody order section on our General Custody page.

This is often complicated and, as with all custody issues, we recommend that you talk to a lawyer about this. To find a lawyer in your area, please visit the NM Finding a Lawyer page.

1 N.M. Stat. § 40-10A-202(a)

Legal Information

© 2008–2024 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.