Legal Question in Family Law in New Mexico

Any attorney is going to want more information than you provided in your question/statement. Because you did not say that you had filed for divorce I will assume you have not. If you two have not filed for divorce there is no 'judicial law' that says the child has to stay with the other parent. Be aware, however, that the first parent who files for divorce may obtain an order that places the child with that parent until you go to court to determine otherwise. My advice: Seek legal counsel immediately. Your District Court house does have a Self Help Center and they may have a list of attorneys in your town who practice family law. Go by and visit with them.

Good Luck

Law Guru