Legal Question in Family Law in New Mexico

First Issue: Do you have a court order that says you have legal custody of your sons? If yes, then next is do you have sole legal custody of do you have joint legal custody?

Second Issue: Why was dad in prison and how long was he in prison? If he was in for sex crimes against children that is real different than if he was in for drunk driving and getting into a wreck. If he was in for a long time then the children will need time to 're-adjust" to simply him having 'some' contact in their life. Did he write to them or did they visit him while he was in prison?

Third Issue: If you have a sole custody order he can get in trouble if he just takes them. If you and he have joint legal custody and work out a 're-introduction' period where he can slowly start meeting the kids and letting them and him all get to know each other again and he follows through then you might have some welcomed relief. But, if it does not work out and he "just takes them" with no agreement and no court order, the answer is yes, he'll probably get in trouble.

So, if you need a sole custody order then go get a lawyer right away and get this matter moving. This is the kind of thing where it is better to be proactive and to get out in front of it than to wait and see if he does something.

You do have a very good "self help" center in your judicial district. That is a place (at the courthouse) where you can go and ask legal questions (& get some answers) and get forms to start this matter on your own. However, I'd suggest you still (at the very least) have a consultation with an attorney in your district.

Hope this helps & good luck.

Law Guru