Legal Question in Family Law in New Mexico

Re: Violation of Custody Order

There are several courses of action you can take. I will give you the top three or four that come to mind immediately but do understand that sitting down with a lawyer may bring about more or other options I will not address in this note.

The most 'heavy handed' and quick action is to file an application with the court for an Order to Show Cause. This action will direct her to appear before the judge and explain why she should not be held in contempt of court for failing to follow the parenting plan. Her moving without reaching a new agreement means that she is acting in contempt of the court's order and the court can punish someone for such contempt. Second, you could file a motion and ask the court to make a new custody/parenting plan. This course is still somewhat heavy handed as you are alleging that she is harming the father/son (parent child) relationship; but, it is not directly asking the court to punish her as much as it is saying, 'judge, things have changed she is not acting in the best manner and we all need to readdress the issues on how to best parent our child.' This method can be seen by the court as your position being the more reasonable approach but still asking the court to step in and do something. The last couple of things is (a) you can go the district attorney / police and file a police report against her for custodial interference or parental kidnapping (this falls into the heavy handed side of the leger) or, another option is that you could just leave things be and do nothing. If you do not spend much time with your son then this may not be a change, ultimately, that will make much difference in his life. The concern in your note does not sound like this is true but, I am pointing out options here.

Of course, obtaining legal counsel is the best and most sure way of getting this issue before a judge for prompt attention. And, when parenting and custody issues are at stake, prompt attention is warranted. See my other posts on how to go about obtaining an attorney. There are several ways to go about it and several factors to consider. I have addressed most of the considerations in prior posts to this bulletin board.

Good Luck.