Legal Question in Family Law in New Mexico
moving out of state
I have a restraining order against my ex-boyfriend who I also have a child with. (we haven't gone to court to set up legal custody) My family wants me to move back east so they can help me more. I've talked with him about moving and he has no problems with it and we have set up vistitions. Are there any reprocusions if I move?
1 Answer from Attorneys
Re: moving out of state
On of the favorite sayings lawyers like to quote is that your agreement is only as good as the paper it is written on. If your agreement is verbal then the repercussion could be that once you move your ex-boyfriend could file documents in court alleging that you took the child without his permission. So, if you have an agreement get it in writing and if possible have it filed with the court. If it is in writing and not filed with the court then at the very least have the document notarized.
Your question is very good but I hope I am making clear the role of lawyers and the courts in this type of situation. If your family back east wants to help you and you cannot afford to see a lawyer then ask them to help you pay for a lawyer. If finances are an issue you can also call New Mexico Law Access. Use your search engine for their number and give them a call. You can also go to most court houses in NM and they will have a pro se clinic or a pro se self help area for people who take actions on their own without lawyers.
Good Luck.
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