Legal Question in Family Law in New Mexico
child custody
I have two children....my daughter, 9 yrs old and my son 11 yrs old. They are from the same man...we have had joint custody for 8 yrs. My son recently told me that he wants to live with me permanently because his father is verbally abusive towards him, he's scared of him. Yesterday my son told his father that he didn't want to play football anymore. His father was verbally abusing him (I could hear him yelling at him from an ear shot away!, calling him horrible names. Then his father said "Then pack up your S**T and move to your moms!" I heard that with my own ears. My son is afraid of going back to his father's house because he knows of the abuse he will suffer while with him. Is there anything I can do?
1 Answer from Attorneys
Re: child custody
If you have a previous Divorce Decree or Domestic Order which states who has primary physical custody and what the visitation in the other parent is, then you are bound by that Order until it is changed. Returning to court with a change of circumstances concerning primary physical custody would be necessary.
You can permit your son to live with you, however, if his father agrees. It would be advisable to have a letter or memorandum between you concerning this.
Joint legal custody does not determine where the child resides. Primary physical custody does. A family court will pay attention to your son's wishes if it comes to that.
There will be no problem with your son staying with you if his father agrees, and you may have to return to court if he doesn't.
Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
