Will child custody order from New Mexico legally apply to my ex husband who lives in California? 4 Answers as of February 05, 2011

I was married and had a daughter with my husband in California, he was physically abusive, I finally got to a point where I was frightened for my life so I moved out of state to New Mexico. He was living with his parents at the time, I felt I needed to leave my daughter with him because I was scared he would be able to track me down if I took her with me since he would have to know my address to be able to visit and speak with my daughter. I knew she would be fine because he lived with his parents and she spent most of her time with her grandparents. I would keep in touch with her thru the grandparents. I applied for a divorce in NM and had a default divorce due to him not responding. On the divorce I put for joint legal custody and made a parenting agreement that I would be able to have her for summer vacations and holidays, I put physical custody of her with her father since that is where she is at. He is denying me visitations. So my question is: is the visitation decree that I made from getting a divorce in NM be valid since she lives in CA? Can I just take that decree during the summer to the police and tell him he is not following it by denying me phone conversations and visitations. Basically I am wondering if the visitation decree from NM would uphold in CA where she is at.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
Any out of state orders must be registered here in California.
Answer Applies to: California
Replied: 2/5/2011
Goldberg Jones
Goldberg Jones | Zephyr Hill
It was improper for NM to make any Order re: the children because the kids did not live in NM. That being said, you can still try to enforce the Order but expect to need to file something in California to get a proper enforceable Order. Good luck!
Answer Applies to: California
Replied: 2/3/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Yes your order will be enforced until a modification either in California or New Mexico. The two states will decide who has jurisdiction.
Answer Applies to: California
Replied: 2/3/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
Orders from other states are enforceable in California if they are valid. The problem that you have is that the custody and visitation provision of your divorce decree is not valid because it does not conform to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). California was the only state that had authority to establish a custody order. Your best bet would be to open a case here in California and seek custody and visitation orders. I would be happy to help you. Please contact me for a free consultation.
Answer Applies to: California
Replied: 2/3/2011
Click to View More Answers: