Legal Question in Family Law in New Mexico

This be a little tricky. Child custody is something that is decided by the states. New Mexico has adopted a Uniform Child Custody Jurisdiction Act, which to the best of my knowledge has been adopted by all the states. Under this act the courts of the state have jurisidiction if the child has lived there for last 6 months, and no other state has jurisdiction, and the evidence needed to determine best interest of the child is in this state, etc. If your ex has filed in another state the other state should dexcline jurisdiciton because this is the home state of the child and they should have the same law we do. Get a lawyer.

Problem is your ex may have lied or something so you need to let the court know. You should have been served with the papers your ex filed, so you have to answer within the allotted time (usually 30 days) and in your answer state that the court of that state does not have jurisdiction because this is the home state of the children. I would also file for custody here, serve your ex and inform the court in the other state that you have done so. If you can, get a lawyer.

Oh, and did I mention, Get a lawyer? If you can't afford one try Legal Aid or Law Access New Mexico. The latter is a telephone hot line 18003409771. You will talk with an attorney and if you qualify financially they can help you file the necessary paers.