Bloomfield, NM asked in Child Custody, Family Law, Domestic Violence and Native American Law for New Mexico

Q: How would I go about filing for full custody of my children if the person left to Mexico willingly?

The father of my children left to Mexico because he was scared that the FBI was looking for him. He was controlling and very verbally, emotionally and physically abusive. After he left I finally told him that I did not want to be together and that me and my daughters were not going out there to live with him. I've already expressed to him before that I did not want to move to Mexico. He got very upset and blocked my number and social media accounts and is now saying I've kidnapped the children and is making false claims online that they're being kidnapped, abused and neglected. He even called the Navajo Nation Police and child services on me. I tried to file for a protection order and child custody with the Navajo Nation Judicial Court but they said I need his exact address to file. Would I need to hire a certain Lawyer to help me because I'm on the Navajo reservation and most of the abuse happened here as well? I'm stuck and don't know what to do.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Filing for full custody of your children while the father is in Mexico and you are on the Navajo reservation can be challenging, but there are steps you can take. Since the Navajo Nation Judicial Court requires his exact address to file, you may need to gather any information you have about his whereabouts in Mexico. If you cannot get this information, explain your situation in detail to the court to see if there are any alternative ways to proceed.

Given the abusive history and the false accusations he is making, you should document all instances of abuse and any threats he has made. This documentation will be crucial in your custody case and for any protection orders you seek. It's also important to stay in touch with local authorities and child services to ensure they have your side of the story.

You might want to consult with a lawyer who is familiar with both family law and Native American law, especially someone with experience dealing with cases on the Navajo reservation. They can provide specific guidance and help navigate the complexities of your situation. Meanwhile, continue to prioritize the safety and well-being of you and your daughters.

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