Legal Question in Family Law in New Mexico

My husband moved out of state without notifying me

I have been trying to divorce my husband since 2000, but have been unable to do so because he keeps moving and not showing up for court. He was awarded custody of our son in 2003 and has since moved out of the state. I wasn't aware of the custody decision until recently - I wasn't even aware of the court date. According to the paperwork I tracked down, I was supposed to have visitation, but I haven't been able to locate either of them. Today, I received a notice in the mail stating that my ex has applied for welfare in NM, so I now know where he is. My question is: What do I do about this information? I know he has broken the law in some way, but I don't know where to begin. He was awarded custody because I didn't appear in court, (because I didn't know about the hearing), and now he has left the state. Help, please. I haven't seen my son since my ex took him almost 2 years ago.


Asked on 4/28/05, 10:30 pm

2 Answers from Attorneys
John Watson John Watson, Attorney at Law

Re: My husband moved out of state without notifying me

Your question is better suited to a California attorney and not a New Mexico attorney.

While you could come to NM to sue him for custody or visitation there are a lot of factors you should consider and discuss with an attorney prior to taking such action.

Your question cannot adequately be answered on this bulletin board or by a NM attorney. I will urge you to seek legal advice from a CA attorney.

Good luck

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Answered on 4/29/05, 4:07 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: My husband moved out of state without notifying me

Get a certified copy of the visitation order and take it to the local da's office. There report that father has taken your son out of state and did not tell you where he was going. Then request that they contact him and have your son returned to California. Also petition the court to give you full custody as father took your son and hid him from you. You should set the matter for trial and notify him of that by mail. Then proceed with the hearing whether or not he appears.

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Answered on 5/07/05, 4:27 pm


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