Legal Question in Family Law in New Mexico
What is the custodial parent suppose to do when the absent parent, who is 6 months behind in court ordered support, does not have the funds to take children to exchange point????
Custodial parent is not trying to keep the children from the absent parent and has asked the absent parent to pick up the children in the city of residence before the divorce. Absent parent will pick them up but will not return them. Children are all school aged (4th grade to 9th grade).
State of residence is New Mexico
1 Answer from Attorneys
first thing to do is look at your parenting plan approved by the court. If he is in violation of the plan then you can file for an order to show cause to hold him in contempt for violating the court order. If you have no parenting plan then you need to file one or ask the court for one. You may want to try to work out a solution that satisfies you both and then ask the court to modify the parenting plan,
no matter what agreement you have, if it's not in a parenting plan approved by the court then you don't have anything you can take to court for enforcement.
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