Legal Question in Family Law in New Mexico

Your question is not real clear. When you say "no parent plan in order with father" it sounds like you have a court order with the father. Next you ask "can he take our son" then you ask "What procedurers do I need to take to get my son back?" There is a big difference between "can he take" and what to do "to get my son back?" If he does not have your son then he cannot take the child. If he has your son and will not return him then call the police. Next, if you have an order, as you seem to suggest in the first sentence, then you can file a motion and ask the court to make an order determining primary physical custody and ask for an emergency hearing. You may not get the emergency hearing but you won't know until you ask.

Because you were not real clear in your question all of the possible answers to your questions cannot be adequately answered in this limited space. Go see a lawyer right away. If you cannot afford a lawyer then go by legal aid or call new mexico law access. On the 2nd floor of the district court in your town there is a pro se clinic that will help you file the motion you need to file. Go to the pro se clinic immediately.

Good Luck

Law Guru