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.
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
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