Legal Question in Family Law in New Mexico

If a judge or hearing officer is issuing an order (it does not matter whether it is permanent or temporary) and that order is restraining one person from being around or near another person and incidental to that order one person has custody of a child and the restrained person is not able to see the child because of the child being in the custody of the one seeking the restraint then the decision of custody can be made either expressly or by fiat incidental to the restraining order.

The answer I have given you is lengthy because you asked, in effect, a hypothetical question without any limiting factual basis. Thus, the short answer to your question is yes.

Hope this helps.

Law Guru