Legal Question in Family Law in New Mexico
my ex husband is not in compliance of court order regarding child custody
jack walker is my ex husband and he told quay count in n.m that he was going to clear water florida and took our son. my son was to call and come see me june 15 for 2 weeks jack took him and disapeared and i cant find him what paper do i need to file against him ? please help me
1 Answer from Attorneys
Re: my ex husband is not in compliance of court order regarding child custody
There are two approaches to a family member who kidnaps a child. First, call the police and make a police report and contact the district attorney in your town. Second, file a motion in the court where your divorce decree (or your child custody order) was made and ask for an emergency order directing the dad to return the child. As a part of that order ask the judge to put language in the order asking all law enforcement officers to assist the court by cooperating in finding the child. You may be able to get into court more easily if you talk to a lawyer and see about getting a lawyer to help with this matter.
The non-judicial steps you can take are to gather as much information you can about him and his family and give that information to the detective and to the district attorney and to the judge in your domestic relations case. Ask the police to put out a missing child alert (or an Amber alert if that fits the case). Call the elementary schools in the area where you believe your child may be and give them his social security number and description and find out if he is registered in the school districts in the towns where you believe they may be. Ask the school where your child was last enrolled if any other school has written or called for the school records.
The suggestions I have made above are starting points. Your getting on the internet and using that as a tool is a very smart move. When you talk to the police ask the detective assigned to your case for other ideas of things you can do.
Good luck
Law Guru