Legal Question in Family Law in New Mexico
Needing legal advice
My sister decided she no longer wanted to be with her husband about 3 months ago. She moved herself and thier two kids into our parents house. My parents have decided to move to Oklahoma, my sister wishes to go with. Is it legal for her to take the kids out of state..Neither of them have filed for divorce..have no parenting plan..or have yet to even talk about anything..he doesnt want the divorce therefore they do not agree on anything. She hasnt really talked to him...If she does go..is there anything her husband can do to her? Is it illegal????
2 Answers from Attorneys
Re: Needing legal advice
I always recommend against taking off with the kids. She should get a lawyer and file for divorce and get judge to approve custody arrangement, then move. Otherwise she'll be in legal limbo forever.
Re: Needing legal advice
In addition, consider that there is a felony called custodial interference:
B. Custodial interference consists of any person, having a right to custody of a child, maliciously taking, detaining, concealing or enticing away or failing to return that child without good cause and with the intent to deprive permanently or for a protracted time another person also having a right to custody of that child of his right to custody. Whoever commits custodial interference is guilty of a fourth degree felony.
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