Legal Question in Family Law in New Mexico

My husband s ex wife dose not send his son to school he has missed half of the school year so far some are excused some are not I know he has missed 10 unexcused already this semester we have called cyfd and they said they really dont do anything about it unless its 10 in a row I think that is bs we have called the school and the told us to call cyfd and report it as educational neglect nothing happened so what can we do they are waiting to go back to the court clinic but right now she the mother has soul legal custody over most things because we lived in Arkansas at the time the went the first time but the kid is failing because he is never in school?


Asked on 3/05/14, 6:49 pm

1 Answer from Attorneys
George Chandler Chandler Law of Los Alamos

If the divorce happened in New Mexico then there is a parenting plan in a court here. In that court your husband could file a motion for a change in custody due to changed circumstances - the change being he is now back in new Mexico and willing to take joint custody. In that hearing he could argue the neglect by the mother as a basis to give him physical custody of the child. If CYFD won't do anything go back to the school and tell them to read the compulsory attendance law : Chapter 22 Article 12 Section 7 of the New Mexico Statutes. This requires the school district to send a letter to the parent, and if the parent doesn't comply then they must report it to the juvenile probation office. If the school won't do it go to the school district and tell the superintendent or his assistant about the problem. It's your husband who should be taking the lead in getting custody of the boy. He can call law Access New Mexico (505) 998-4529 and get an attorney on the phone who can help him with the forms.

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Answered on 3/05/14, 7:19 pm


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