Legal Question in Family Law in New Mexico

y ex wife and i have joint custody of our 3 boys, 2(12yrs olds) live with her in New Mexico and 1(16yr old) lives with me in California. Per our last court order (in New Mexico court) neither of us are permitted to move out of state without a court order. At the current time all 3 boys are with me in California for the summer. Since their arrival, my ex wife has informed me that she has moved to North Carolina and wants me to send them to North Carolina after their summer visit instead rather than New Mexico. I strongly oppose her moving the children that far for many reasons, one being that she is reconciling with her physically abusive husband, and another is that i just received the boys' report card and found out they have over 30 absences each. What are my options? since there is no court order for her to move to north carolina what would happen if i did not put them on the plane to NC as she is asking me to do?


Asked on 5/23/10, 11:28 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

The usual language forbids moving the children out of state without the permission of the non-custodial parent or a court order. Such Decrees are enforced in NM. You would be within your rights not to send the children outside the state of NM if there is such a provision in your Decree. It is her responsibility to apply to the NM court to attempt to obtain an order permitting moving the children outside NM.

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Answered on 5/26/10, 7:35 am


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