Legal Question in Family Law in New Mexico

Re: Husband's Mistress and My Children

When you divorce you will have a parenting plan approved by the court. Generally the courts give joint custody (both parents make parental diecisions) and physical custody as the parents agree unless there is a showing that one parent is unfit. If you are going to be gone for seven months the physical custody arrangements will have to take that into account.

You can ask the court to forbid the mistress contact with your children but you are not likely to get it unless you can show that she is a danger in some way - drug use, violence, etc. Parenting Plans require both parties to refrain from badmouthing the other party in the eyes of the children, but this can be tough to enforce. NM courts in the first and second districts (Santa Fe and Albuquerque) have mediation services that can work out some of these problems, I don't now about the other districts. In general the court will not let you control your ex-husband's contacts unless there is actual danger to the children.