If I am separating from my husband who has the right to physical custody if we are disagreeing about where they need to be
1 Answer from Attorneys
the appropriate path is to develop a parenting plan to be approved by the court. This will be part of a marital settlement agreement if you are getting divorced, or a separation agreement if you want a permanent separation. I strongly recommend making your separation legal by one of these methods so that there is some stability in the situation for the children. You can go to the courthouse and get the forms for a pro se divorce or separation and file them. The first thing that will happen is that the court will require you to attend mediation to develop a temporary domestic order that will make arrangements for child support and custody and temporary division of income and assets for both spouses. It will be better for you to do this with an attorney, but if you can't afford an attorney do it yourself. head for the courthouse and ask the clerk for pro se forms, or you can find them online at nmcourts.com.