Custody can be official (via court order) or unofficial. If he is not on the birth certificate, then he does not even have standing to tell her what to do unless he files in court to have his paternity
recognized (see below).
Even if he was
on the birth certificate, her taking he child out of state would still be allowed. As parent, both have natural rights to the child and can take the child anywhere they want to. Under N.M. Stat. Ann. § 30- 4-4(A)(5)(a)
, if she knows that it is his child, she may still take the child with her anywhere, provided that she is not "maliciously taking, detaining, concealing or enticing away or failing to return that child without good cause and with the intent to deprive permanently or for a protracted time another person also having a right to custody of that child of his right to custody." So if she tells him where she is headed, it is generally seen as fine to do.Filing in Court
her, he'd have to file for an injunction in court and show that she should not relocate with the child because it is not in the "child's best interest." Jaramillo v. Jaramillo, 823 P. 2d 299 - NM: Supreme Court 1991
. However, the Court generally lets the mother
go as long as her move is due to family, employment, better living environment, etc. The Court generally favor's the formal/informal custodian's request. However, the father may get an injunction in Court to have this matter heard.
She should really not sign anything, because we do not know what she'd be signing. It may be a request to sign an agreement making her stay here, etc. We do not know. However, he cannot do anything without a court order, or stop her, unless she signs. So she probably should not. And he cannot make
her sign anything.
As for the injunction he already has, she can call the Court (tomorrow morning) and see if this is true, and/or ask him to fax over the order, although it has to be signed by the Judge, and not just a copy of an order without the Judge's signature.IMPORTANT INFO
: I hope this finds you well. Please use REPLY TO EXPERT
to keep talking, or RATE
my answer when we are finished. Kindly rate my answer as one of the top three faces
and then SUBMIT
, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating