Legal Question in Family Law in New Mexico

I have been divorced for 6 years, I have sole physical & legal custody of my children. Two are no grown, graduating high school and in the military. There father has had limited contact with them since the divorce and no contact with the oldest. I have a 15 year old daughter that he has not seen in over a year. There is not a visitation plan in the divorce decree it simply states as can be agreed upon. My ex pays child support and that is all. He moved to the state of Wyoming over 5 years ago. I still live in New Mexico, but I have finished my associates and would like to get my bachelors and my degree program is not offered here. Also there is limited jobs for women in my area, mostly oil field jobs for men. I would like to move to texas. Can I just do so, there is nothing in my divorce decree that says I can or not. Thank you,.


Asked on 6/20/11, 1:05 am

1 Answer from Attorneys
John Watson John Watson, Attorney at Law

The general rule of thumb is that the divorce decree tells you what the court ruled and what you cannot do. If it is silent then it is not telling you not to do something. The only person to object would be your ex and he would likely have to go to court to object. You are also, as you said, the primary person looking out for the best interest of your daughter. You are (legally) expected to make decisions to ensure that her health, education and welfare is looked after. If part of your decision is that you have to seek a job in a state next door to you then that is your decision. I hope this answer helps.

Good Luck

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Answered on 8/09/11, 8:37 am


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