Legal Question in Family Law in New Mexico
I have gotten a divorce in Arizona and have sole custody of my 2 children. Since then I have moved to New Mexico...she is in Arizona still...now she wants to have visitation rights. I prefer her to have no contact with them as she is not stable, has no job, never paid child support and only been out of prison for a year. , refuses to do counseling of any type, and has tested dirty for meth in the past. They are 6 and 7 and have not seen her in 3 years.
If she does attempt to get visitation what is the process since we are in different states?
1 Answer from Attorneys
The Arizona court retains jurisdiction over the children until either it gives it up or a court in another state takes it. The jurisdiction can be changed when it can be demonstrated that the children have lived in a new state long enough that the information needed to determine what their best interests are is in the new state, sort of a vague criterion. But if you have lived here a while, they are going to school here and their medical and dental stuff is all here it's probably sufficient to ask a New Mexico court to take jurisdiction. I would strongly advise you to get a lawyer to do that for you.
She can petition whatever court has jurisdiction for a change in the paretning plan to provide for visitation. You may be able to terminate her parental rights if you can show she abandoned the children (while in jail) or is unfit, but more likely the court will provide some kind of supervised visitation. Again, you need to discuss this with a lawyer.
You could call Law Access New Mexico, 18003409771 for some help if you can't afford an attorney - if you qualify.
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