Legal Question in Family Law in New Mexico

my ex husband is saying he wont be taking our daughter to school tomorrow and instead hell be taking her to the lake. He didnt give me any notice and she's already missed some school. I disagree with missing school for "fun" and told him it was not ok. What rights do i have or how can i fight him on this?


Asked on 5/03/12, 5:14 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

You ask: What right do I have? You do not say whether you have a parenting plan or how old it is if you have one. You do not say whether you are even in NM or not and you do not say whether you have joint legal custody or not. These 'legal concepts' are important, and, they are particularly important when you and your former spouse are having a disagreement about how to raise your child. When you ask a lawyer 'what rights do I have" the lawyer will ask you for a copy of the court orders affecting your "rights" and then will tell you precisely what right you have; what you don't have and what lies in between.

Be that as it may, if you have joint legal custody you can file a motion & ask the court to order him not to take the child out of school unless both of you agree.

Hope this helps.

Law Guru

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Answered on 5/03/12, 5:27 pm


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