Skip to main content

Will a visitation schedule from a divorce decree in NM uphold in CA? My daughter lives with father in Ca, I got divorced in NM

San Diego, CA |

I was married and had a daughter with my husband in California, he was physically abusive, I finally got to a point where I was frightened for my life so I moved out of state to New Mexico. He was living with his parents at the time, I felt I needed to leave my daughter with him because I was scared he would be able to track me down if I took her with me since he would have to know my address to be able to visit and speak with my daughter. I applied for a divorce in NM and had a default divorce due to him not responding. On the divorce I put for joint legal custody and made a parenting agreement that I would be able to have her for summer vacation. He is denying me visitation, so will the visitation plan uphold in CA if I got the divorce decree in NM and visitation plan made in NM?

Attorney Answers 2

Posted

If you have a valid order for custody and visitation, then that order is enforceable. I have some concerns about your divorce and custody order, given that it was entered in a state which may not have had subject matter jurisdiction over your divorce or over custody of your daughter, since you last lived with your husband in California and California was/is your daughter's home state. I also do not know the facts of your case well enough to know whether New Mexico had personal jurisdiction over your (hopefully ex) husband. If your husband never made an appearance in the New Mexico case, he may contest the validity of your New Mexico divorce and custody/visitation order. I highly recommend seeing an attorney who is licensed in New Mexico to dicuss the validity and enforcement of the divorce decree and the custody/visitation provisions therein, especially if you did not use an attorney for your divorce.

If your decree is valid, then you can enforce it by filing in the court where the order was entered for him to show cause why he has not complied with the divorce decree if he refuses to send your daughter for visitation. You will need to make sure that he is personally served with the show cause petition and order. You can also have the order domesticated in California and pursue enforcement of it there.

Mark as helpful

1 lawyer agrees

Posted

Yes, a VALID NM order is enforceable in CA. I agree with the other attorney, while there are not enough facts presented, there may be future issues if NM did not acquire jurisdiction correctly. However, if the order is valid and your ex does not seek to challenge its validity, it is enforceable in CA.

James V. Sansone, Esq.
Attorney & Counselor at Law
Law Offices of James V. Sansone
1400 N Dutton Ave, Ste. 21
Santa Rosa, CA 95401
t: (707) 542-5611
f: (707) 545-1522
jsansone@jamessansonelaw.com
www.jamessansonelaw.com
http://blog.jamessansonelaw.com

DISCLAIMER / REPRESENTATION NOTICE:
Unless you have previously retained the services of The Law Offices of James V Sansone, no Attorney-Client relationship exists between you and The Law Offices of James V Sansone or Attorney James Sansone by the mere receipt of this transmission, including any attachments.

The information you obtain in this response to your AVVO question is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Mark as helpful

1 lawyer agrees

Child custody topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics