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    Joint Custody Question

    Jurisdiction / State: New Mexico

    Hello
    In 2002 my ex and I had joint custody established, but shortly after he was incarcerated. He has not seen her but one time since custody was established & she is now 10 yrs old. He has not consistently been in contact in the last 10 yrs due to being in and out of trouble as well. Just this passed December he started to call, and is now asking to talk to her and have visitation, but my daughter does not know him. What can I do? Do I have to let her go?

    Also, in 2005 I moved from New Mexico to Arizona and I am attending school, but did not have his permission as he was incarcerated, will this be a problem for me?

    Thank You So Much For You Advice!

  2. #2
    Moderator Samaritan & Scholar

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    It's highly unlikely that he can cause a fuss about you moving out of state, but really, you need to get that court ordered modified - like NOW. You can request short, supervised visits in your community at first; if all goes well the regular visitation schedule will be possible.

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    He is on probation & is not able to leave the state. So he is fighting me to ensure he gets her. Should I worry about this?

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    Yes, there is a possibility that you could be ordered to bring the child to him for visitation (though I would argue at HIS cost - not yours!).

    Mom, I'm sure you don't want to disrupt your child's life like this - but the harsh reality is that he STILL has parental rights and yes, she might end up at some point flying to and from Dad's.

    I'm sorry (I sense that's not exactly what you want to hear).

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    Pro's right, the deadbeat felon could do all those things.
    But, once he starts boozing it up, ingesting large quantities of illegal drugs, beds down lose women, men, and goats; he's gonna forget all about you and your daughter.

    So, be prepared to battle it out in court, but this bum, who's failed at everything he's tried, will find a way to screw this up too, he always does.



    Don't worry, just be ready to go to court and argue what Pro has revealed to you.

    But, here's the good part, the failure won't follow through with this either.

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