After Divorce Can I Move My Child Away From New Mexico?

 

 

Once a divorce is complete, many parents consider moving their child away from New Mexico. After divorce, many parents desire to start their new life, in a new state.  However, making the decision to move your child away from New Mexico often is not a simple decision.  You see, your child legal custody agreement (“Parenting Plan”) likely contains an agreement regarding the removal of your child from New Mexico.  Specifically, your Parenting Plan likely prevents either parent from removing your child from New Mexico without written consent.

Does your Parenting Plan require the other parent’s approval before moving to another state?  If so, is your ex denying your request to move your child to another state?  If yes, then you will need to get the court’s approval.

 

PROVIDING NOTICE OF CHILD MOVING AWAY TO THE OTHER PARENT

 

Are you considering moving your child to another state? In this situation, it is best practice to always provide the other parent with notice of your proposed child relocation.  Even in situations where you have sole legal custody, it is best practice to get the other parent’s approval before relocating to another state.

Does your Parenting Plan or Court Order require the other parent’s approval prior to moving to another state?  If so, removing the child from New Mexico likely will result in the Court Ordering the parent to return to New Mexico.  In doing so, violating the Court Order could significantly hurt your case moving forward.

Do you have sole legal custody?  Even in this situation, it is best practice to get the other parent’s approval, prior to moving.  Failing to get the other parent’s approval could result in the court entering an Order that forces you to return your child to New Mexico.

 

HOW TO PROVE MOVING AWAY IS IN YOUR CHILD’S BEST INTERESTS?

 

Is your ex denying your request to move your child to another state?  If so, you need to file a Motion to Parental Relocation with Minor Child.  Moving your child to another state is a huge change in circumstances.  Accordingly, this proposed change requires the court to address whether the move best serves the child.  In other words, courts only allow parents to remove a child from New Mexico when the move best serves the child.

When deciding if the move is in the child’s best interests, the court considers the following:

• Why one parent objects to the child or parental relocation;
• The child’s connections to New Mexico;
• The reason and circumstances for the parent or child relocation;
• A child’s relationship and bonding with both parents;
• How the move impacts the non-moving parent’s relationship with the child;
• Child’s wishes; and
• Any other factor that impacts the child’s best interests.

 

CALL THE BEST CHILD FULL LEGAL CUSTODY OR  RELOCATION LAWYERS TODAY

 

Are you considering moving your child away from New Mexico?  If so, divorce and child legal custody attorneys or lawyers have the needed experience to answer your questions.  Understanding New Mexico child relocation laws requires skill and trial experience.  Our Albuquerque’s one of the best divorce and child full legal custody lawyers have the needed experience to handle your child or parental relocation case.

For more than a decade, Sanchez Legal Team has handled child custody all across New Mexico, including: Rio Rancho, Santa Fe, Los Lunas/Belen, Gallup/Grants, Estancia/Socorro, and Taos.  Talk to the best child legal custody attorney or lawyer in Albuquerque. Talk to (505) SANCHEZ.