Custody

Generally, a parent can take his/her kids out of the state for a brief trip as long as there is no order prohibiting it and so long as it does not interfere with the other parent’s visitation rights. However, if you are uncertain whether a planned trip may violate your custody order, please consult with a lawyer before leaving.

Moving out of state, however, is a different story. When the parents have joint custody, and one of them wants to move out of state, the moving parent has to give the other parent 30 days’ written notice. The notice must state when the parent is going to move and where they are moving. If the other parent does not agree with the move, s/he may be able to file a petition with the court that issued the original order to ask that the other parent not be allowed to move, especially if the parent that is moving is the custodial parent.¹

New Mexico law provides a process for parents with joint custody to resolve disagreements about major life decisions, like moving to another state. As explained in What happens if I have joint custody with the other parent but we can’t agree about a major life decision?, parents can decide major life decisions by:

• agreement between the parties;
• using counseling or mediation services;
• having an arbitrator make a final, binding decision;
• deciding that only one parent or the other will have decision-making authority over that particular major decision area;
• ending joint custody and giving one parent sole custody;
• referring the dispute to a court master; or
• filing an action with the district court.²

¹ N.M. Stat. § 40-4-9.1(J)(4)(a)
² N.M. Stat. § 40-4-9.1(J)(5)