Legal Question in Family Law in New Mexico

Re: Rights as a parent

You are asking great questions and I can tell you that you cannot get an adequate answer on this internet bulletin board. I will try to get you going in the right direction. PLEASE go see an atty. Do not think they are too expensive - you can call and make an appointment and simply hand them your note, this reply and say please give some advice. The atty may charge you for a 1/2 hr visit but also may expand on my reply and then tell you to make a decision as to how you next want to proceed. There are plenty of good family law attys in Roswell & Carlsbad. You can find an atty by calling the State Bar of New Mexico (800 87NMBAR) or go to http://www.nmbar.org and use their lawyer referral service; look in the yellow pages in your town or either of those 2 bigger towns near you and make some calls. Right now all you are looking for is (a) a family lawyer; and (b) someone who can give you a sense of direction or an approach for this problem.

Since you have a visitation plan that means you have a NM court order and you can file a motion with the court for an order asking that the children be returned because of the behavior you have described. With your court order you (or your attorney) can call the police in the town where he is at and ask them to assist you in having the children returned. (I am giving you highlights here - don't go thinking this is simply a 1,2,3 thank you very much - there's a lot of behind the scene work that the lawyer will do to make this happen). There are steps that you (or your atty) can take to inform the court of the emergency nature of your motion so you can get it heard quickly. I have just described ONE way to make this happen.

Since the children's father did call you (even though he was angry) it is a good sign that you may get this resolved without having to go to court. If he did not give you his telephone number you could get caller ID from the phone company and trace the number back that way (- that may be cheaper than hiring a lawyer). You could call him again (or get him to call you) and ask (without demanding but in a stern business voice) to tell to you what are his intentions. If he tells you that he intends to have the children returned in a timely manner or in accordance with your court order then it may simply be that he is trying to push your buttons. He should let you speak to the children. Another thing you can do is call the police department in the town where he (or his parents) are and ask them to do 'wellness check' on the children. I would imagine that if the police show up at his parents house they will likely tell them where the children are and then the police can either go there, or if it's in another town, they could call you and tell you where the children are located. There are lots of different options available to you. Usually, a family law attorney will know and think of these different ideas on how to approach your case.

Good luck to you.