Legal Question in Family Law in New Mexico
I am in the beginning of a divorce with my husband. We have been separated and shared custody of our daughter for a few years. I recently had an order of protection put against him because he forced his way into my home, and assaulted a friend of mine(1yr. ago). Two months ago I agreed to let him take our daughter to see his family in Colombia, South America. A few days ago he pushed his way into my home again. I have since retracted my approval that she go with him on the trip. It is my understanding that it is necessary that he have a notarized letter with my approval. I have not made one. The Order of Protection judge said that my husband is allowed to take her on the trip. If I do not sign a letter of approval will the stop him from being able to take her? Am i legally required to sign one and give him her passport?
1 Answer from Attorneys
You are required to follow court orders. If you think the judge is wrong after a decision was made and an order is in place then you can ask for a reconsideration or appeal the decision. If you do neither and you refuse to follow the court order then it could be you that becomes the one who is in trouble. If you don't have an attorney then you should consider getting one as soon as possible.
Good luck.
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