Legal Question in Family Law in New Mexico

Re: Visitation

First (and usually best) is to hire a lawyer. You said that you have been quoted high prices and the reason for that is because you are out of state. That's the (quickie) basic why you are getting quoted what seems like a high retainer. Also, these kind of cases generally tend to have high lawyer and client interaction. That simply causes the bill to go up.

Second, hubby could file a motion on his own in the divorce case using the mail and ask if he could appear by telephone for any hearings. (After Filing he should call the judge's office and ask the secretary if he can appear by telepholne). In the motion he will ask the court simply to establish a parenting plan that is fair and equitable to the parents and children. The court WILL establish a parenting plan. He may be able to appear by phone on one hearing but he may have to appear in person at least one hearing and maybe two. However, just him driving over from AR to NM will be a whole lot less than $3500.00.

You did not say what city the mother is in and that will make a difference to guess what will be the direction of the family mediation that will occur. If it is in one of the bigger cities I would venture the opinion that you are in luck to having a fair, quick and equitable resolution occur with this matter.

If he wants or needs to file a motion he can file a motion simply by copying the the top portion of the divoce paper and putting a title on the paper called "Motion to Establish Parenting Plan." Then, just put down on the paper what has been happening and what he wants. He should not feel that a motion he writes on his own will get less attention than one written by a lawyer. The way you wrote the inquiry to the law guru is close enough and if it had a little bit more explanation in it then it would be very fine indeed. He needs to sign it in front of a notary, get a request for hearing (go to http://www.nmcourts.com and look around the divorce forms area for a form called Notice/Request for hearing and use that); and last, pay the filing fee to reopen the case. The clerks will not take a personal check so he will have to pay by money order or bank cheque. Call the Clerks to find out what the filing fee is.

It would not hurt for him to write ex-wife a letter before he begins all of this and ask her to work with him to establish a parenting plan for visitation. He should send the letter by certified mail with return receipt requested. If she agrees then they will both save a bunch of money and time. If she does not agree then he can tell the judge that he tried to settle this amicably and he will have a copy of the letter and proof that he mailed and that she received it.

Good luck