Legal Question in Family Law in New Mexico

You will have to file for divorce and serve him in Texas or wherever he is. I suggest you not take the kids back to Texas until you have filed, and that you file ASAP in NM. He's out of luck on the child support whether you are divorced in Texas or NM and whether or not you are divorced. When you file you will have to state to the court that NM is the home of the child. You can find the forms and instructions for filling them out at www.nmcourts.gov/forms/and selecting District court forms, Domestic relations, dissolution of marriage forms. Read the instructions.

Get an attorney if you possibly can. You can call NM Legal Aid at (1-833-545-4357), or go to https://www.lawhelpnewmexico.org/ . and click on family law.