Legal Question in Family Law in New Mexico

Re: Child Custody Modification

You should immediately, while father is incarcerated, file an Order To Show Cause with the court seeking a change (not only a modification) of custody based on changed circumstances. Father can be served in prison. It is then up to him to decide if and how he can defend the action.

In any event, you should act sooner rather than later and get legal stability back into your child's life.

Regards,

Damian Nolan

Re: Child Custody Modification

You need to bring a motion to modify custody.

Re: Child Custody Modification

The phrase you used "primary joint custody" is not quite correct. I will assume that you have joint legal custody and the father has primary physical custody. In order to change that custodial arrangement you need to file a motion with the court asking for a change in the custody. You will have to file the motion, and a request for hearing and pay the filing fee. You can do this by mail but you should call the clerk of the court first to determine costs and how to pay them long distance. After you have filed the documents you will have to have him served in prison. The overall process is not complicated but it is tedious. You may want to consider using an attorney since this is the exact kind of work that family law attorneys do.

Good luck.

Law Guru

Re: Child Custody Modification

If you have joint custody why not go to where the child is located and requesting custody of your child. If the person who has the child refuses then file for a temprorary order giving you custody. If you ge the child then file a motion to change custody. Speed is essential in this case. The longer your child is with someone other than you the more difficult it can be to get custody.