Attorney
When your ex mentions taking your child out-of-state, even “just for a trip,” it’s natural to feel uneasy. What if they don’t come back? What if they decide to move permanently? Can you do anything to stop them?
This is such a common fear that Attorney Bob Matteucci advises most co-parents in the Albuquerque area to address it head-on when negotiating their child custody agreement. Because whether your ex can take your child out of New Mexico depends on what your custody order says, the purpose of the travel, and how long they are going to be away.
What Your Child Custody Agreement Controls
Whether you are worrying about a planned trip, or your ex has already taken your child out-of-state, seeing what your custody agreement says about travel is key. Most New Mexico family court judges will not approve a child custody agreement if the parenting plan does not include at least some language about travel and relocation.
Sometimes that language is detailed, specifying notice periods, travel limits, and even passport procedures. Other times it’s vague. Whether a plan is highly detailed or more general, there are three different scenarios it should cover:
- Short trips: Most co-parents agree that their child should be allowed to go on normal vacations, even when that travel takes them out of New Mexico. As long as a trip doesn’t interfere with the other parent’s custodial time, and the child’s safety is ensured, these can be very important bonding experiences.
- Extended trips or out-of-country travel: Many parenting plans specify that longer trips, any trip that requires a child to miss school, or any travel outside of the country be approved in writing by the parent the child is not traveling with.
- Relocation: Moving out of New Mexico with a child is a different matter entirely. Under New Mexico law, a parent can’t unilaterally relocate a child if it would significantly affect the other parent’s ability to spend time with their child and make meaningful decisions about their care.
If there’s no written agreement in place, you have less control over where your ex can take your child. However, taking a child across state lines for anything beyond an ordinary vacation can raise some legal red flags.
What Happens if a Parent Leaves the State Without Consent?
When one parent takes their child away from the other parent without prior knowledge or agreement, Attorney Bob Matteucci is not afraid to call it exactly what it is: child abduction or kidnapping. In short, a crime.
Whether you want to involve the police immediately, or simply get your child back home and take steps to make sure your ex can’t pull this kind of stunt again, is going to depend on your family dynamics and the specifics of the situation you are in. Attorney Matteucci can help you evaluate what’s going on and decide how best to move forward.
Serving Families with Dignity & Compassion
Even in the best co-parenting relationships, misunderstandings about out-of-state travel can escalate quickly. Attorney Bob Matteucci can help you figure out what to do if your child has been taken out of New Mexico without your permission, and take steps to ensure this doesn’t happen again. Please contact him today to discuss your case.