Legal Question in Family Law in New Mexico

My ex husband and I have finalized our divorce. We agreed upon he gets the custody of the boys and i have custody of our daughter. When it is my weekend I always call to set up a time I could pick them up. My daughter doesnt want me to call her dad to set up a time to come and pick her up. She doesnt want me to call him and she doesnt want to go to his house unless he calls for her. Is it illegal for me to fallow her wishes? She is 12 yrs old. Do I have to call her dad to set up his time to get her or does he?


Asked on 9/14/11, 10:37 am

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

I may have more questions for you than answers. First, you have to follow the terms and conditions of the court order. So, if the court order is silent as to when the children visit with the other parent then you are in a bit of a quandary. I can only suggest that you read your court order and your time share order in order to determine what the court ordered you to do. You did not reveal that information to the Guru. Second, if you had a lawyer go back to the lawyer and ask this question. Your lawyer SHOULD HAVE explained this answer to you. If you did not have a lawyer then you may want to consider a family meeting with a mediator, psychologist or clergy member and develop answers to these "legal" questions. Last, standing back a little bit and putting on my "Ann Landers" hat the question I have is why does daughter not want to visit with dad? Is there some concern there that you may not be aware of but she is? While that is not a legal question out right it may turn out to address legal issues or concerns.

Hope this helps give you some direction.

Law Guru

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Answered on 9/14/11, 11:19 am


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