Are you looking for information about how to stop a parent relocation and move-away in New Mexico? If so, you are likely going through a marital separation or child full legal custody dispute. At its core, parental relocation centers on a child’s best interests. In doing so, New Mexico courts decide if a child can leave NM based on the child’s needs and welfare.
Let’s uncover how to stop a parent relocation and move-away in New Mexico.
Do you already have a child full custody order? For instance, do you have a child full custody and parental visitation order from your divorce? For unwed parents, do you have a child full legal custody or parental visitation order from your parentage case? If so, how does your child legal custody order address parent relocation issues?
For instance, does your child legal custody order prevent moving your child away from New Mexico without the other parent’s written approval? In this situation, removing the child away from NM without the other parent’s approval violates the underlying child full custody order. In doing so, an ER Motion for Immediate Return of the Child can be filed. Based on this Motion, the assigned judge could force the other parent to return the child to NM.
Parents are in a gray area when a child full custody or parental visitation order is not established before a relocation happens. In this situation, NM is the child’s home state when the child has lived in NM for six consecutive months. As the child’s “home state” NM has continuing jurisdiction to decide child sole legal custody and parental visitation issues. Accordingly, the NM court could find that it is has jurisdiction (power) over the parent relocation. In doing so, the court could force the parent to return to NM. In doing so, the NM court decides if the proposed relocation best serves the child.
With that said, depending on the assigned judge, if one parent moves before a case is opened and served in NM, the judge may find that that the other state is the appropriate forum to decide child legal custody and visitation issues. At times, judges believe that NM doesn’t have a “dog in the fight” when a child is moved to another state before a child sole custody and parental visitation case is filed in New Mexico.
Do you suspect that your ex is planning to move your child away from New Mexico? If so, do you lack a child full custody and parental visitation order that prevents the child relocation? In this situation, it is best to immediately open a parentage case and request a Temporary Domestic Order (TDO). Once filed and served, a TDO freezes the case’s “status quo.” In doing so, the TDO prevents both parents from removing the child from NM without approval.
Because of this fact, it is essential for parents to immediately open a parentage case – and request a TDO – if a parent suspects that their ex plans to remove the child from New Mexico. Once served, a parent is actively violating a court order by moving the child from New Mexico without prior approval.
Do you have present or future concerns about your ex moving your child away from New Mexico? If so, it is important to establish joint legal custody. You see, joint legal custody establishes equal footing in child relocation matters.
On the other hand, there is a presumption that a parent with sole legal custody is acting in the child’s best interests regarding parental relocation. In other words, NM courts assume a parent with sole legal custody is acting in a child’s best interests regarding a proposed parental relocation. Nevertheless, this presumption can be overcome through contrary evidence.
New Mexico courts consider several factors when determining if a parent relocation is in a child’s best interests. These factors involve the child’s connections with New Mexico. Usually, the more connections that a child has with New Mexico – the more difficult it will be for a parent to remove the child from the state.
The following factors help demonstrate connections with New Mexico:
Do you want to prevent your ex from removing your child from New Mexico? If so, establish roots/connections with NM. The more roots/connections that you establish – the harder that it will be for your ex to uproot your child from the state.
When a child is 14 or older, NM courts must consider the child’s desires regarding child sole custody and parental visitation. Similarly, the court must consider a 14-year-old child’s desires about a proposed parent relocation. The court can also consider a younger child’s desires regarding parent relocation.
How does your child feel about the proposed parental relocation? Is your child heavily leaning towards yes, or no?
Your child’s opinion is important because it can influence the judge’s ultimate decision.
Are you worried about your ex moving your child away from New Mexico in the future? If so, strengthen your case by immediately becoming involved with your child. Moving forward, begin to develop the strongest bond with your child possible. Become heavily involved with all aspects of your child’s life.
Get involved with your child’s school, extra-curricular, and healthcare providers. Spend as much time with your child as possible. In doing so, develop a strong parental attachment and bond. In doing so, your judge will be reluctant to disrupt the bond that you have created.
Some judges lean against parental or child relocation. These judges tend to believe that parental or child relocation relegates one parent to being an out-of-state parent.
New Mexico law believes that children are best suited when raised by both parents. Accordingly, some judges believe that children are best served by having both parents in the same state.
As some judges see it, children thrive when both parents are heavily involved in a child’s life and development. This close connection enables children to develop healthy relationships, attachment, and bond with both parents.
Is your ex trying to remove your child from New Mexico? Do you believe that this parent or child relocation will harm the bond and relationship between you and your child? If so, you need the best child or parental relocation attorney. Understanding New Mexico child relocation laws demands the knowledge and dedication that comes from trial experience. Our Albuquerque’s best parent relocation and child legal custody lawyers have the needed experience to handle your parental or child relocation case.
For more than a decade, Sanchez Legal Team has handled child legal custody all across New Mexico, including: Rio Rancho, Santa Fe, Los Lunas/Belen, Gallup/Grants, Estancia/Socorro, and Taos. Talk to a seasoned and successful Albuquerque child custody attorney or lawyer. Talk to (505) SANCHEZ.
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