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Interstate custody battle in NM & TX, unfit father has child in TX while mother had to come back to NM
Anonymous2 views1 answers
My sister & her exboyfriend had a child together in Alb. A month ago, they moved to Amarillo. She left him a week ago. They had an argument when she packed up to leave. He took the baby out of the car & refused to give him back. The fight escalated to the point of violence (on both parties) so she left & came back to Albuquerque b/c she had no place to go in TX. He has told her she can only speak to the baby over the phone at certain times of the day & is harrassing her family & friends to find out what she is doing & where she is. He says that she'll only be allowed supervised visits. There is concern of the baby's safety. He called this morning, frantic b/c the baby fell off the bed. He screams at the baby when he cries. Where is the best place for her to start?
Per the Texas residency requirements, the child would still be a resident of New Mexico and the mother of the child could file for custody in the New Mexico courts. The first step is to file the petition to determine custody in New Mexico and request the court to determine where the child should live as well as determine whether the chidl should be immediately returned to the mother in New Mexico. Due to constitutional and statutory requirements, if New Mexico issues a child custody order Texas will honor the New Mexico order. I believe the mother of the child should take immediate legal action in New Mexico if she believes the child is in danger in the custody of the father. Additionally, if there is abuse or neglect suspected regarding a child, Texas requires that a person report that abuse or neglect to the Texas Department of Family and Protective Services. The toll free number is: 1-800-252-5400. The child protective services worker can check on the welfare of the child and if necessary remove the child from the care of the father.
