Legal Question in Family Law in New Mexico

Re: child custody of married spouse before divorce?

Let me respond initially to what your note did NOT say: You did not say if there is a Domestic Violence Order in place; you did not say if there is any Court Order in place. Court orders must be followed and if the court says (or has said) he can move the children down south then he can do so. If there is a court order and it is silent as to what he can or cannot do with the children then he should follow the safe route and file a motion and inform the court of his circumstances and see if the court will grant his request. On the other hand, if there is NO court orders at all in this matter presently then he can do whatever he so desires. One caveat, if there are no court orders and he is moving he would do well to let the district attorney or the police know where he is at so that he may be called as a witness to the domestic violence crime.

Good Luck.