Legal Question in Family Law in New Mexico

If you have a court order that defines the times that the child spends with each parent and the father violates that court order you file a motion called "Motion for Order to Show Cause" and you submit with that motion an Order to Show Cause. There is a self help law/court center at the district court in Alamogordo. If your court is the one in Carrizozo they may have a self help center. The Self Help Center will either have the form you need or they can help you find the form.

If you do not have a court order then you have an option A and an option B. First, you will need to file a legal action against the father if he does not return the child. That legal action will start with a Petition. The law says that the state and county where the child lived for the last 6 months or longer is the home state of the child. Thus, if the father tries to keep the child then you can go to court to get an order to have the child returned to NM. Again, go to the self help center at the court house to get started. As to Option B - if you do not have a court order then you can tell the dad that you are going to go to the court house and start a legal action so that you and him can have a legal court order that covers where you child lives and with whom at various time. That is called a parenting plan. Millions of Americans have parenting plans. Go to the self help center to get started.

Good Luck & I hope this helps.

Law Guru