Legal Question in Family Law in New Mexico

My husband and I have recently separated. I have two older kids with a different man (ages 9 & 8) and we have two together (ages 5 & 2). Every year my 9 & 8 year old go to California for a month during the summer to visit my grandparents, mom & other family. They have since they were babies. For the past few years, our 5 year old has gone during the month of January, but this year she was unable to go because my grandpa go really ill. He is now very well and they would like her to come visit for a few weeks but my astraigned husband is fiercly against it. Do I need his permission since it's just a visit? What paperwork to I need to file with the court? THANKS!


Asked on 5/25/10, 10:19 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

The answer depends upon the language of your Divorce Decree concerning child custody. If the father's permission is required for a child to take a trip out of state, then that answers the question. If it does not, or if it is silent on the topic, and if the mother has primary legal custody, then her (your) permission is all that is required. The father may object, but unless the Decree addresses the problem, his wishes do not control, only those of the mother. If he doesn't like the situation, let him take the matter back to court.

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Answered on 5/26/10, 7:24 am


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