Legal Question in Family Law in New Mexico
visitation rights
my divorce was final in NM but both of us live here in Ca. we have 3 girls & he keeps demanding more visitation other than every other weekend & 1 day a week he wants 2, he also want these to be sleepover days. It is very hard on the girls for the week to be interrupted. He has ''primary'' care through our Divorce in NM but the girls now live with me & he says that what ever he wants is what goes! because of the ''primary care'' Stuff. Can I change this easily without lots oc cash?? Please Help!
2 Answers from Attorneys
Re: visitation rights
No.
Re: visitation rights
1. If you have been in CA more than 6 months you can petition the court in CA to modify the visitation schedule/plan of your NM divorce. You do not necessarily need to return to NM to "fix" the parenting plan.
2. The overall law you will apply is called the Uniform Child Custody Jurisdiction Act also known as the UCCJA. The name "uniform" may imply that it is the same in every state but some states, like NM and CA, have made minor modifications that suit their particular state.
3. If the children have been primarily residing with you - even though - the divorce decree states otherwise this is a factor that will weigh heavily in your favor in making a new visitation plan.
4. The particulars of your new visitation plan will (or should) take into consideration the childern's ages, school schedule and mom and dad's schedules and desires. Depending on the age of the children and the type of visitation they have been doing they may have more visitation with dad than you presently desire. Life is a compromise as are parenting plans.
Good luck.
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