Legal Question in Family Law in New Mexico

There is a restraining order against my mother so that I can protect my child from her abuse, but my ex has aided and concealed her blatant violations of the court order. What can I do?

Asked on 12/12/17, 12:27 am

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

There are two or three actions you can take. First, file an affidavit of violation at the district court and ask for a hearing. If you know that your ex is taking the child to the grandmother's home then bring your proof with you. The clerks have the form you need both to file the affidavit and to Request A Hearing. Second, you can amend your Domestic Violence action and as to JOIN your ex so that the Domestic Violence Order will restrain both your mother and your ex from being around the child together. Third, I will assume that you have a Domestic Relations action with your ex. You can also file a motion in that case and ask that the Judge (a) take the child and place the child solely with you; or (b) ask the Judge adopt the Domestic Violence Order in the Domestic Relations case and enter an order that prevents your ex from taking the child to your mother. (C) you can also ask the judge to order your ex to participate in Co-Parenting Class. There is a FREE online class at the Up to Parents website: . This would give the judge a baseline to ensure that you and your ex are aware co-parenting skills. (PS - Don't ask for the class if you do not intend to also attend the online class).

Good Luck

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Answered on 12/12/17, 6:58 am

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