Legal Question in Family Law in New Mexico

My ex husband and I have joint legal custody of our 6 year old son. At the time of the divorce I was offered a great paying job (for the previous 7 years I was completely dependent on my ex, and nothing was in my name. He also insisted I not work as he would always take care of me and the kids) and he refused to let me take the children out of state to accept the job. Needless to say I took the job as I had no money, no car, etc. He now has physical custody of the children, and plays mind games constantly, not letting me see them, or telling me I can see them and then when I travel to see them he says he has changed his mind. I do not have tens of thousands of dollars to spend on lawyers, and in fact have already spent about ten, just to get court ordered mediation where he refused to change a thing....I am desperate...what should I do?


Asked on 4/03/12, 10:16 am

1 Answer from Attorneys
George Chandler Chandler Law of Los Alamos

If you want to get a fair disposition you're going to have to keep after it, and keep the attorney. If the mediation failed the next step is a hearing where you present your case to the judge for a decision. Depending on where you are in New Mexico there may be a hearing before a hearing officer first, who will make recommendations to the judge. It's unfortunate but our family law system is vulnerable to this kind of BS and you just have to slug it out.

If he's denying you court-ordered visitation then get an order to show cause. Look for opportunities to try to get attorneys fees out of the schmuck. If you don't have a parenting plan that defines the visitation times and procedures, then go to court and get one.

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Answered on 4/03/12, 11:38 am


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