What to do if my wife and I got into a fight and now she wants to go back home with my 6 month old son?

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What to do if my wife and I got into a fight and now she wants to go back home with my 6 month old son?

I told her that I did not want him leaving here but she was free to go as she wanted. She has no job or source of income other than me, as well as no transportaion. Also, she has no license. She would have no way to support him or take care of him if she took him. Is there any law that can help me stop her from taking him? We are not seeking a divorce or speration. I’m just worried about my son.

Asked on January 2, 2013 under Family Law, New Mexico

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Given what you have written about you and your wife need to have a face to face meeting with your spouse about the situation you are writing about. What you have written is more of an internal issue between you two as opposed to a legal matter. One option is to consult with a family law attorney to get an injunction precluding the leaving of the child with your spouse.


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