Police in San Miguel County are searching for a 25-year-old woman who might have left the state with two small children, violating a custody agreement.
Deputies with the San Miguel County Sheriff’s Office were notified on Sept. 23 that Lexus Eversole, 25, of Sapello, failed to turn her two children, ages 7 and 3, over to their father, as required by the terms of a “safety plan” put in place by the New Mexico Children, Youth, and Families Department.
Lexus Eversole shares custody with the father, Jose Eversole, according to an arrest affidavit filed in San Miguel Magistrate Court. Under the terms of the CYFD safety plan, the children spend weekdays with Jose, and weekends with Lexus.
CYFD also appointed Lexus’s aunt as a safety monitor while the kids are with Lexus.
On Sept. 23, the children’s father notified the San Miguel County Sheriff’s Office that Lexus had not handed the children off to him on Sept. 19, as required by the agreement.
A CYFD representative visited Lexus at an approved residence in Tecolote on Sept. 19. The children were inside the home, but Lexus and the safety monitor would not allow CYFD to enter, according to the affidavit. CYFD officials were unable to gain access to the home to see the children.
Beginning on Sept. 23, law enforcement officers began making attempts to contact Lexus and check on the children.
Sheriff’s deputies first visited Lexus’s residence in Sapello, and then visited two homes in Las Vegas where Lexus’ friends live. The children were not located.
On Sept. 24, police learned that Lexus has a family member in Colorado Springs, Colorado, and that she may have traveled there with the children.
Officers with the Colorado Springs Police Department visited that family member’s home to conduct a welfare check, but officers were not able to make contact with anyone at the address. Neighbors told police they had not seen any small children at the home.
An arrest warrant was issued for Lexus on Sept. 28. She is charged with two counts of felony custodial interference.
In September 2019, Jose was convicted of misdemeanor aggravated battery of a household member for choking Lexus during a July 2019 dispute.
Lexus filed for divorce from Jose in May 2020, and petitioned the court to award her full custody of the children. The suit is ongoing, but on Sept. 13, Jose petitioned the court for temporary emergency custody of the children. That motion was denied on Sept. 15, days before Lexus was supposed to turn the children over to Jose under the terms of the safety plan.
The San Miguel County Sheriff’s Office asked that anyone with information about Lexus Eversole or the location of her children call 505-425-7589 or 505-425-6771.