Legal Question in Family Law in New Mexico

Re: divorce/child custody, moved from TX

New Mexico has a six-month residence rule before filing for divorce.

If your spouse files in Texas you will have to defend it there but you don't have to move there unless the Texas court requires you to bring the child back. Best thing may be to file there now and deal with it in Texas so there's no question about jurisdiction over property located in Texas and the child. Jurisdiction over the child is probably in Texas anyway at least for a few months. See a lawyer for details, this inter-state stuff can be tricky.

Bear in mind that you may be charged with custodial interference, if Texas has such a statute, if you're not allowing your hub to see the child. In New Mexico the statute reads as follows:

B. Custodial interference consists of any person, having a right to custody of a child, maliciously taking, detaining, concealing or enticing away or failing to return that child without good cause and with the intent to deprive permanently or for a protracted time another person also having a right to custody of that child of his right to custody. Whoever commits custodial interference is guilty of a fourth degree felony.