Legal Question in Family Law in New Mexico

Re: Child relocation

Your question is really more of NM law than SC law, since that has been the home state of the child until very recently. Since I am licensed in SC and not NM, my answers may or may not apply to your particular case.

If the custody order doesn't prohibit you leaving the state, then you are not in contempt of court for the move itself. However, if your move results in you denying the father his specified periods of visitation, you could be held in contempt for that aspect.

Also, you should not be in violation of any criminal laws, since you are not kidnapping your child because you have custody.

As for the what should you do question, the only thing that _you_ can do is to file an action seeking to modify the father's visitation in light of your relocation. However, whether to do that or simply wait to see if he does anything is a strategic decision that you should discuss with your attorney. Any such action would also have to be filed in NM at this time.

lThese are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

Re: Child relocation

The answer to your question by Mr. Stevens from SC is the same answer for NM law. You should consult with legal counsel.

Good Luck.