Legal Question in Family Law in New Mexico

Re: filing in a different court

This is actually quite a sophisticated legal question and the broad answer is more of a question. Is your intention to increase the litigation as regards to your child or to get the matter resolved as quickly as is practicable?

The next question I have is: Do you have a prior custody order as to the child? If the answer is yes then that is the court you should file in. If the answer is yes but it is now a completely different county than which either of you live (i.e., you and your ex) then I think you should still consider filing in the original county.

There are reasons for filing in one county as opposed to another but that decision is usually made after someone has sat down with legal counsel and reviewed all the facts surrounding all of the prior litigation in a case.

So, I am not trying to evade answering your question directly but I am trying to say that you should address to the guru or to your attorney what has transpired previously in your case then consider where you want to file.

Good Luck.