Legal Question in Family Law in New Mexico

Re: child custody

First, tell your wife to return the children. Second, Yes, there is a way for you to get the boys back. Under the Federal Law it is called the Parental Kidnapping Prevention Act (PKPA); and, under the NM state law it is called the Uniform Child Custody Jurisdiction Act (UCCJA). The motion you need to file will require some knowledge of the act and you need to move quickly - mostly because school will be starting soon. This will not happen over night but, it can happen more quickly than you might imagine. Go see a family law lawyer! You may be able to call the New Mexico Law Access (look it up); you can also call the NM state bar for lawyer referral; you can go to the Bernalillo County District Court Self Help Center; and you can look in the yellow pages under Divorce Attorneys and you can ask friends if they can recommend a family lawyer.

Last, You can also call the police and file a police report. You can also try the FBI. The police will need a little finesse because you don't have a custody order and they don't like to act if they don't have a custody order. (That's where the "get a lawyer" part comes in).

So, if your wife is going to be difficult about this you will have a bit of a fight on your hands; however, from the facts as you have described them, it is a fight that you should do well in. Fighting is what lawyers do well ~ remember (in all this) that the real fight to keep your kids in contact with two parents who love them. That's what family mediation is about and what collaborative law is about.

Go get a lawyer & good luck.

Law Guru