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My daughter lives in Carlsbad NM. She lives with her boyfriend…

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My daughter lives in Carlsbad...
My daughter lives in Carlsbad NM. She lives with her boyfriend and has a 3 month old baby. It is a very difficult relationship and she wants to come home to Albuquerque NM but her boyfriend threatens her with taking the baby and usually locks him self in a room with the baby so my daughter can leave. Can she legally leave the city with the baby? What can be done?
Submitted: 8 years ago.Category: Legal
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6/17/2010
Lawyer: Ely, Counselor at Law replied 8 years ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Are there custody orders in place?





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Customer reply replied 8 years ago
No there is not.
Lawyer: Ely, Counselor at Law replied 8 years ago
Has he been menacing, acted violent, etc?
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Customer reply replied 8 years ago

Just name calling and threatening to take custody of child by taking her to court

Lawyer: Ely, Counselor at Law replied 8 years ago
Ordinarily, the jurisdiction to get custody orders lies with the state where she's lived for 6 months and the county where same for 90 days. However, she can flee and then establish emergency jurisdiction where she would go, asking the Court to set custody orders ASAP due to danger. The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.



The courts generally do not like to split the custody 50/50 since this is hard on the child – imagine having to move every half a year.



One parent usually becomes the main caretaker (in many states this is called the managing custodian) and the other parent becomes the "weekend" parent (often called the posessory custodian) which is every Thursday, every other weekend, and alternating holidays. The minute points of the custody can either be decided by the parties or the Court, if the parties cannot come to an agreement.



Even if a parent does not get managing custody, they are almost guaranteed the posessory custody unless they have a drug problem, alcohol dependency, or an unsafe home environment. Abuse and or neglect of the child or previous children are an almost automatic bar for even posessory custody, although supervised visitation may be granted by the Court.



Of course, that is the standard order of possession. That order can be modified if both parties agree or if the Court finds that it is an extraordinary situation.

The posessory parent pays child support to the managing parent, unless the managing parent declines it. All states have a preset salary percentage calculation for child support, but this can be altered if both parties agree to a lesser or higher amount or do not put child support in the orders all-together - the Court will not care.

Before she does that, he can try to slap her with a Geographical Restriction. . The party that files would need to prove that the move is “not in the best interest of the child,” and/or is being done to simply make visitation harder. So she has to run quick and file first, to have jurisdiction established through emergency at the safe haven. Once jurisdiction is established, he'd have to go down there to challenge custody and get a Geog.rest.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



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