Legal Question in Family Law in New Mexico

This is a tough question - especially when you are seeking information on a Friday night at 10:00 p.m.. The legal answer is two fold: First, you have to do what is in the best interest of the child - that's the rule in NM where children are concerned. Second, you are supposed to follow court orders. It sounds like, from your question, that these two things are at odds with each other. You did not identify the danger you believe exists. You can call the police and have them perform a wellness check on the child before you return the child. If the police feel the child would be placed in a dangerous situation they might advise you that if you return the child they will consider charging you with a crime. That would give you a good view point from a 3rd party who is 'disinterested.' You can also call Children Youth and Families child abuse hotline and report the dangerous situation and they will send an investigator. You can also file an emergency motion in your court case and lay out the facts to the judge and ask for a temporary custody order until the mom can fix whatever the dangerous issue is at her place or with her person. So, you have several options before you - all of them are designed to keep your child safe.

Good luck.

Law Guru