Find Chy!

My two daughters were with their father (actually staying with their grandmother) for a two week visitation. On August 22nd, my ex-husband made a fateful decision. On Aug 23rd, he returned one daughter to me, but kept the other. His explanation was that “I was an abusive and neglectful mother” something that he used as a “good faith” reason for keeping her. On that charge, it became a “civil” case. Unfortunately, something that New Mexico law allows until you go in front of a judge to have your custody papers validated. You don’t need to have proof, you only need to say it.

If you haven’t been in this position, you cannot imagine the pain and terror that proceeded that court hearing, wondering what was going on, how things were going to happen. For three weeks, I lived in terror, the cops were of no help, the DA’s office rejected my pleas, I ran out of leave and had to go back to work, feeling as though a piece of me was gone.

On Sept 14th, a judge ordered her returned, and so I was able to bring her home with me. And I took my first real breath in three weeks.

Now, my goal is simple. Parents should not have to wait for three weeks. Or a month or two months or however long it takes to get in front of a judge. But. And this is a big but. New Mexico doesn’t have a simple little law, a simple thing called a pick up order. A large number of states have one and yet we do not.

I’m proposing to go in front of the legislature for one simple thing. A simple addition to what is the Custodial Interference law. Instead of that law standing on it’s own, I want to offer an amendment.

When a child is kept from the custodial parent, the DA of the county the child lives in, can issue a “pick-up order” an order which enables the police force to pick up a child being kept outside of custodial rights.

There is more to it, but that is the basics. As time goes on, I will offer a more complete description, in the official language of the courts. Suggestions are welcome, and I will always welcome help.