Legal Question in Family Law in New Mexico

Interfearance with Custody/Visitation

My ex is constantly interfearing w/ my visitation/custody with my 10 year old son. We have joint phsical and legal with each of us having primary when he is in our care. Everytime it is timefor my son to return by plane to me, my ex-threatens not to put him on the plane. My son loves his father but is frightened of him.If my son mentios to me anything hat goes on when he is with his father and his father's girlfriend, he is punished, badgered, etc. How old does my son need to be in New Mexico to have the court hear what he wants? And can I file contempt re: intefearance? I have my ex,and his girlfriend on tape being abusive to my son, as well as my ex threatening me and interfearing with my time with my son. We can tape per a stipulation.


Asked on 5/25/02, 11:23 am

1 Answer from Attorneys
Martin Lathrop Russakow, Ryan & Johnson

Re: Interfearance with Custody/Visitation

You can always go to court on an Order to show Cause Re: Contempt Motion where there are serious violations of the Order. Most courts take into consideration the childs wishes, so if the ex is being abusive and the child is truly scared, you should go before the court with your proof to have the Order amended.

Good luck and thank you for your inquiry-Martin

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Answered on 6/10/02, 8:39 pm


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