Legal Question in Family Law in New Mexico

Re: My youngest child

This is one of those questions where the initial answer is "it depends." You did not say whether you have a court order addressing custody and visitation, you did not say whether the father has actually been adjudicated the father, whether you have a parenting plan, whether the father has been visiting or whether the two of you have been discussing the matter. Establishing the answers to the questions above is essential to answering your question.

The broad general answer is not so much that you cannot move as much as it is that you cannot unreasonably interrupt the parent/child relationship between father and child. Thus, you see that the more broad answer is that it depends on the relationship between father and child. Another inquiry is what are the circumstances around the child's life? Such as, how old is the child, does moving benefit the child more than not moving? The point here, as you can see, is that the inquiry is about the child, and, a little bit about you. If you get to a point where a judge is addressing the visitation issue the judge has to look at your desire to move in the context of the question "what is the best thing for this child?" That question cannot be answered with a 'yes or no' answer.

When you have more clear answers to the questions I have set forth above you will have a better idea about whether a judge would allow you to move and take the child with you.

Good Luck.