Legal Question in Family Law in New Mexico

My ex wife and myself have joint custody of our children and they currently live in New Mexico ( still reside in California where we were formerly married). My ex is currently having marital problems with her current husband and has subsequently moved out of their home. Since she moved out two weeks ago, she has refused to provide me an address or tell my any information of there whereabouts. I have repeatedly asked her for an address and she will only respond to me by text message saying they are being fed and have a roof over their head so don't worry about it. The court order states that she must have written permission from me or have a court order before she moves anywhere with the children. What are the legal ramifications for her, if any? Is it worth my while to fly to New Mexico and take this matter to court?


Asked on 2/07/10, 4:36 pm

1 Answer from Attorneys
George Chandler Chandler Law of Los Alamos

Is the custody order from Californaia or New Mexico?

If she is out of compliance with the court order you can ask the court to hold her in contempt (request an Order for her to show cause why she should not be held in contempt). Course you have to find her to serve her with it. Whether it's worth the effort or not is a judgment only you can make - what do you exect to get out of it? Have you missed any visits yet? Do you want to try to regain custody? If you're just trying to poke her in the eye I wouldn't worry about it.

If it's a CA order you file the request there, if a NM order file it here, either by hiring a local attorney or using the on-line forms (go to NMCOURTS.COM). You can file by FAX and by mail.

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Answered on 2/18/10, 11:56 am


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