Legal Question in Family Law in New Mexico

Re: Custody

Your question is exceedingly complicated in a legal manner. First and foremost you should seek legal counsel. However, where you seek that legal counsel is going to be the issue of the day. In the end, it very well may be that you may need an attorney in NM and in CA.

Issue 1: I shall attempt to explain the short statement above and I will make assumptions (because there is information you possess which you did not set forth in your query) in my answer. I assume that you have a NM court order that governs the legal and physical custody of your daughter. I assume the order says, (for whatever reason), that father has primary physical custody and you get extended summer visitation plus you may get some visitation at other times during the year. Physical custody means who has the child and at what times. Legal custody means who makes which legal decisions about the child. If NM is the court with the controlling order over the child (both for custody and child support) then you need to have an intervening change of circumstances materially affecting the child in order to seek a change in the custody of the child. Presently, you have stated that the father is not following the court order and, effectively has, taken steps to conceal that fact from you. Father cannot follow the court order because of some criminal act he did and now he has effectively violated his legal duty to you by concealing that change in circumstances. As the child's other 'natural' parent who should have custody you seek to obtain an order that recognizes that change. If the court that made the custody order is in NM you should be filing a motion seeking a change in the court order in that court. To do that (most easily hire a lawyer and) then file a motion to change custody based on the change of circumstances. Where you hire the lawyer will depend on the judicial district in which your order was granted.

Issue 2: NM has a law under the "Uniform Parentage Act" (UPA) that addresses and allows the court to hear an emergency case and enter an order in situations like this. I would assume (but I do not know) that CA has a similar law. If CA does have a similar law then perhaps your initial decision will be to hire a CA lawyer to seek an emergency protective order in CA to keep the child there until the entire matter can be sorted out.

I hope this short answer has impressed upon you the legally complex matter you find yourself and your daughter in. There are lawyers, both in NM and in CA, that maintain dual licenses (i.e., license in each state) that may be best to help your situation. I know of at least one 'family law' attorney in NM who falls in that category. My 'advice' to you is to find one of those types of lawyers and hire that person to help you out.

Good Luck.

Re: Custody

I would send an attorney to court in CA to request a change of venue to NM, and I would send an attorney to court in NM to ask for custody since the child is currently residing with you there.