How To Prevent Your Ex From Removing Your Child From New Mexico

For many of you reading these words, a fear has recently crept into your mind that your ex is planning to take your child away from New Mexico without your permission.

The following scenario possibly describes your situation – you and your ex had a child outside of marriage. Cracks began to form in the relationship and you eventually parted ways. Despite the problems with your relationship, you were able to reach an agreement regarding the custody and time-sharing of your child without involving a New Mexico court.

Time passes with no problems. Because the agreement is working you decide to keep the court out of your life, thinking to yourself: “If it ain’t broke don’t fix it.”

One day the harmonious relationship shatters. Possibly you discover that your ex is plotting to take your child to another State without your permission.

Alternatively, possibly the agreement falls apart when one parent decides that they no longer wish to honor the mutual agreement. For any reason – or no reason at all – your ex denies your visitation according to your previous schedule. The police are called. Ultimately the reporting Officer refuses to become involved with the custody dispute, telling you: “I cannot get involved with your Domestic Matter because there is no court order regarding custody and time-sharing.” In other words, the Officer tells you that he/she cannot offer you any assistance because you lack a court order.

In both scenarios above, one is left with the resounding realization that a valid and enforceable court order has become both essential and necessary.

STEPS TO PREVENT YOUR CHILD FROM BEING REMOVED FROM NEW MEXICO

The first step is to get a court order that prevents your ex from removing the child from New Mexico.  To receive this court order you must first determine if a New Mexico court has jurisdiction over the child and the custody matter. In this respect, “jurisdiction” is another word for “power,” and essentially means that the court has power to hear and decide the custody issue.

Assuming that the child was born in New Mexico and has lived exclusively in New Mexico, then New Mexico is the “Home State” of the child and has jurisdiction to enter a valid and enforceable order on behalf of the child. The issue of jurisdiction is more nuanced when the child is born in a State other than New Mexico. In situations where the child is not born in New Mexico – generally speaking – the child must live in New Mexico for six consecutive months before New Mexico becomes the “Home State” of the child and achieves the necessary “power” to enter an enforceable order on behalf of the child.

Let’s assume for the sake of clarity that the child was born in New Mexico, and has lived exclusively in New Mexico. In this situation, the first step that a parent must take to obtain a court ordered visitation schedule begins with filing a Petition to Establish Paternity, Custody and Time-sharing.

The party filing this Petition can also request a Temporary Domestic Order (“TDO”) from the Court, which essentially freezes the “Status Quo” – or what the parents were doing before the TDO was entered. A TDO is invaluable in situations where one parent is threatening to remove the child from New Mexico, because the TDO prevents both parents from removing the child from the State of New Mexico without court order or written consent of the other parent.

In other words, the TDO forces both parents to remain in New Mexico with the child until the custody and visitation issues are addressed by the court.

What happens if I let my ex remove the child from New Mexico before a case is filed?

Let’s assume that one parent leaves New Mexico with the child, and then lives in another State (let’s say Oregon) with the child for six consecutive months. In this scenario, Oregon becomes the child’s “Home State” after six months – granting an Oregon court the necessary power to make any decisions regarding the child. This fact creates a number of potential hurdles for the parent that remained in New Mexico. One hurdle is that the parent in New Mexico will be forced to incur the time and expense of traveling to Oregon to address any custody and visitation issues. Another potential issue surrounds the laws with the other state – or namely the fact that the custody matter will now be governed by laws that could be less favorable than those afforded by New Mexico courts.

As you can see, it is very important to immediately open a case when you suspect that your ex intends to remove your child from New Mexico.

(505) SANCHEZ IS HERE TO STOP YOUR EX FROM REMOVING YOUR CHILD FROM NEW MEXICO

Do you still have questions about How To Prevent Your Ex From Removing Your Child From New Mexico?  Relocation cases in Albuquerque often requires the experienced hand and knowledge that comes with years of courtroom practice.  Matthew Legan Sanchez has the experience needed to handle your unique case.  Sanchez can be reached by calling (505) SANCHEZ.