Legal Question in Family Law in New Mexico

My husband and I have been seperated since 08. He came to visit the kids and take them out to dinner in November of 08, and never braught them home. I have been trying to find them since this happened. I notified my local police at the time this happened and was told there was nothing I could do. I live in arkansas, and I have recently found out that he is living in new mexico with his parents. Can I go and get them or is there a legal rout that I need to take. Please help he is an alcoholic and gets abusive when he drinks. Our duaghter is the one that called me finnaly and told me were they were.


Asked on 8/13/12, 10:18 pm

1 Answer from Attorneys
George Chandler Chandler Law of Los Alamos

There is a legal route. New Mexico has adopted the Uniform Child-Custody Jurisdiction and Enforcement Act, NMSA 40-10A. I think all the states have this, It requires NM courts to recognize and enforce a child-custody determination from another state.

Your Arkansas court order giving you custody of the kids in must be registered with the New Mexico District Court, preferably the one in the county where your ex is keeping the kids. Simultaneously you can file a petition for enforcement of the order and request a warrant for the cops to pick up the kids and deliver them to you. The process is laid out in Articles 2 and 3 of the statute I gave you above. You can find the statutes at http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0.

I suggest you get a New Mexico lawyer to help you with this. If you don't think the ex will run again you could call and ask him nicely to hand them over, but judging from your experience you may want to do it quickly and all at once so your ex is not alerted and takes off with the kids again.

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Answered on 8/14/12, 7:52 am


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