Legal Question in Family Law in New Mexico

I took my ex to court and got joint custody of my 3 yr old son. We both live in different cities and would have to meet halfway for pick up/ dropoff. She was always giving me a hard time about meeting me. She's very jealous and would yell at my wife and threaten her everytime we had to meet. She was always yelling bad words and punching my car right in front of my other two kids who are 2 and 1. I really just couldn't handle it anymore and ended up moving out of state. She changed her number so I couldn't have contact with her. Two years went by and I feel really bad that I haven't had any contact with my son. I work full time so I really didn't have a chance to go back to court and see what my options were. Anyways so I'm back in the state I was originally in and my question is if my court ordered joint custody is still effective being that I haven't seen my son in two years. Please give me any info you have on this situation.


Asked on 8/16/11, 7:48 pm

1 Answer from Attorneys
John Watson John Watson, Attorney at Law

The rule of thumb as to court orders is that a court order is effective and in full force (that is, to be followed) until a new order has been issued that replaces the older order. So, even though you have not seen your son for 2 years you still have a valid court order. The smart thing to do is write your ex a letter and tell her you want to pick up your son on a Saturday or Sunday afternoon soon to take him out for lunch. Then show up and actually take him to lunch then bring him back. None of that requires you talking to your ex spouse except to set the initial appointment.

Good luck.

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Answered on 8/22/11, 4:23 pm


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