LINCOLN, Neb. (AP) — The Nebraska Supreme Court has ordered a new trial to determine whether a boy should remain in the state to live with his biological father or be allowed to move to Mexico with his mother, whose husband was deported.

The decision on Friday overturned a lower-court ruling that said Ruby Maldonado-Morin’s desire to live with her husband in Mexico was not a legitimate reason to remove the boy from the state.

Maldonado-Morin shares custody of the boy with his biological father, Michael Daniels. The boy, Deonte Daniels, has lived primarily with his mother since his birth in 1999.

Maldonado-Morin married Jose Morin in 2001, and argues that her husband treats Deonte as his own son.

Daniels sought sole custody of Deonte last year, after Morin was deported.