Legal Question in Family Law in New Mexico
I have a custody order that says i pick up my daughter from the nanny's house at 11am and drop off at 4pm on weds and Thurs. The always wants me to pick up my daughter other places all over the city sometimes even 20-30 out of my way. I have told both nanny and mother that i will not but they still do it because they know i want to see my daughter. If i show up at the nanny's house and she is not there, is there anything i can do for example call non emergency to report etc ?
1 Answer from Attorneys
The only legal tool you have is sort of like taking a sledgehammer to a gnat. You can go to court for an order to show cause why mom should not be held in contempt for failing to follow the court order. Depending on which court you are in the court may divert such a request to a mediator.
Better to start with a letter to her, from a lawyer preferably, pointing out the contents of the order and that she has not been complying, causing you great inconvenience and expense. Then you could say that by not complying with the order she could be held in contempt. You would prefer not to go that route but you are willing to do it if the situation is not remedied.
Maybe you can work out a different arrangement that she and her nanny would find it easier to comply with. If you do, get an agreement in writing to make the changes.
Keep a diary of all your interactions with mom regarding the kid and other aspects of the divorce.
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