Legal Question in Family Law in New Mexico

Re: what if your spouse has dissappeared?

While I'm only licensed in Tennessee and not your state (meaning you might want to talk with a local attorney), the issue of child custody is decided on a case by cases basis, depending on what is in the best interests of the child. An infinite number of factors can be involved. It is impossible to say what would happen in your case without knowing far more.

Generally you can't filed for divorce based on desertion until far longer than a few weeks, often more than a year is required. But there are probably other grounds for getting a divorce, and any experienced local attorney would know them for your state.

You also would be able to get an Order of Support, once you can find him.... but you should have an attorney for that, too. Try the local child support enforcement unit associated with your local district attorney's office. It's commonly called the IV-D (pronounces "Four-D") unit and provides legal services for free to collect child support.

Jes Beard

Jes Beard, Attorney at Law

737 Market St., Suite 601

Re: what if your spouse has dissappeared?

I don't know why you think you would lose your child. Being the mother gives you first dibs anyway on the kid (generally). I would contact your local child support enforcement agency and try to dig up as much info as you can about this guy (social security number, birthdate, relatives etc.) The agency will look for him and should help you. If not seek out a private attorney. Also if you find him, try to get into Court (or at least notify the child support people of his whereabouts) quick.

Jonathan Schiff

Self employed

605 Rose Hill Ave