Legal Question in Family Law in New Mexico
Couple lives with his parents in CA. Husband confesses to cheating on wife multiple times. Wife leaves to stay with her parents in NM, decides to stay and get apartment and job.
If husband comes to take children back to CA, does he have the right to do so? What needs to be done to prevent that from happening?
1 Answer from Attorneys
Most states have a '6 month rule' for litigation concerning a child. Where the child has been living for the past 6 months will often govern where litigation occurs. However, that does not mean that a person can come and simply take a child. Basically, when there is NO court order over a child each parent has a right to the child but one parent cannot simply 'take' the child. It's a little bit complicated to spell out. If you talk to a lawyer in your town I am sure the lawyer can make it more clear for you.
Good Luck
Law Guru
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