Legal Question in Family Law in New Mexico

I have been offered a job in another state and I have family there who I will be staying with. My 14 year old son wants to come with me, however, my Ex does not want him to. We have 50 50 custody of my son, where he stays with me a week and then with my husband for a week. My understanding is that I have to reopen the case and do a new parenting plan, can I leave to the job that has been offered in the other state or does that reflect badly on my case? Is there another way to get this done quickly?

Asked on 9/19/13, 3:27 pm

1 Answer from Attorneys

George Chandler Chandler Law of Los Alamos

You got it right. Only quick way is to get agreement with spouse on a new parenting plan. Judgment call about taking the job, you can't take him out of the state without spouse's or, failing that, court's permission. It is not supposed to hurt you with the judge but there's a lot of discretion here. Depends on how well you can argue that it's a necessary move for your career or something, enough to justify uprooting the kid. In the custody battle judge is required to "consider" the wishes of a fourteen year old but not follow them. If she fights you're looking at mediation and hiring an expert or two to evaluate the best interests of the child, possibly hiring a guardian ad litem for the child. Not a happy prospect.

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Answered on 9/19/13, 7:27 pm

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