Legal Question in Family Law in New Mexico
My recently re-opened custody case (re-opened after 6 and a half years) is in Colfax County, and I want to move it to Santa Fe County, where my daughters and I have lived for the last 7 years (ex-hub lives in CO for past year, previously in NM). Not because I want to cause waves, but because I want to be able to use the court's ADR system to do mediation. Do I file a change of venue or change of courts? And should I file the paperwork asking for Mediation through the family court system in Santa Fe at the same time?
1 Answer from Attorneys
Statutes don't provide for that to be a reason to move venue. However there's a loophole that lets you ask to move for reasons other than the ones specified in the statute (look in the New Mexico Statutes, Chapter 38, Article 3). Petition the court for a change of venue to Santa Fe County, attach an affidavit stating your reason for wanting to change - I'd just emphasize the fact that you live in Santa Fe and have for seven years, and going to Colfax is very expensive and inconvenient, rather than the availability of ADR . If you can get your ex to agree to it you can file it as a stipulated petition for a change, signed by both of you. File a request for hearing with the petition. Don't start the mediation process in Santa Fe until you get the change of venue approved.
good luck.
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