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Questions Answered by Jeff Grandjean
1 Answer | Asked in Family Law and Child Custody for New Mexico on
Q: Can my parents refuse keep me from moving my son out of state? They are paranoid something will happen to him

No custody agreement

Jeff Grandjean
Jeff Grandjean answered on Dec 3, 2017

Unless they have some type of court order grandparent rights, custody, or guardianship, I don't see anyway they could prevent you from leaving the state with your son. I would recommend contacting an attorney to discuss the matter further if they are threatening to file some kind of legal action.

1 Answer | Asked in Family Law, Child Custody and Child Support for New Mexico on
Q: there anyway that i could get full rights and child support still if father doesn't see child at all?
Jeff Grandjean
Jeff Grandjean answered on Dec 3, 2017

It is possible you could get primary custody and still get child support. As far as terminating his rights completely, if you do that the Court may still order child support. Terminating rights completely is difficult however, I would recommend you speak to an attorney to discuss all of your... Read more »

1 Answer | Asked in Family Law for New Mexico on
Q: My child's father dies not pay child support and hasn't been in his life for more than 3 years and now is claiming he

Put some kind of restriction so i can't take my son out of state can he do that?

Jeff Grandjean
Jeff Grandjean answered on Dec 3, 2017

It is possible but he would likely have to go to court to do so. I would recommend contacting an attorney to discuss your options and to review the court docket to see if anything has been filed. Please feel free to contact myself or any other attorney on Justia if you want.

1 Answer | Asked in Consumer Law and Personal Injury for New Mexico on
Q: What's the time frame to file a lawsuit against jcpenny?

Last year I was walking out of jcpenny. I was already several feet out of the doors and loss prevention stopped me and said I needed to go back inside. I refused and he then literally body slammed me outside on the pavement. Several people witnessed it. I am a female and this was a man . I... Read more »

Jeff Grandjean
Jeff Grandjean answered on Nov 13, 2017

I notice you are from Fort Worth but you are asking the question in New Mexico. The statute of limitations in New Mexico is three years, so you still have time. I will not state with certainty what it is in Texas, but it could be two years, if it happened in Texas I would recommend consulting an... Read more »

1 Answer | Asked in Child Support for New Mexico on
Q: Upcoming hearing for child support modification my income has changed.

I went from earning $50k last year full time self employed to $10k this year part time working for someone else. I have requested a modification to support I pay due to difference in income. My ex has custody and is wanting me to report income my current husband has from rental properties. He... Read more »

Jeff Grandjean
Jeff Grandjean answered on Nov 13, 2017

The Court does not count income of your new spouse towards child support. Your case could be a little more complicated though as since you are married it may not be entirely clear whose income that rental money is, I would need to know more of the details to give you a more complete answer. For... Read more »

1 Answer | Asked in Family Law and Child Support for New Mexico on
Q: I'm a stay at home mom. How will this affect the child support for my son?

I have been divorced for four years and have been working that entire time. Recently I moved across the state with my SO and I am now a stay at home mom. We are not married yet. My ex husband has not been paying child support for some time and I want to take it to court. I would like to know how my... Read more »

Jeff Grandjean
Jeff Grandjean answered on Nov 13, 2017

In New Mexico no one's income counts towards child support except for the actual parents, so your new partner's income would not count, even if you got married. As for your income, the court could do one of a number of things, they could use your old income since you voluntarily became a stay at... Read more »

1 Answer | Asked in Child Custody and Family Law for New Mexico on
Q: what legal rights do I have for custody and visitation as a mother paying child support?

I share joint legal custody with my son's father and he has physical custody. Over the past year there have been issues of my son running away from home and his father says it's because he doesn't want to face the consequences of his behavior. I always questioned that and felt it was more to that.... Read more »

Jeff Grandjean
Jeff Grandjean answered on Nov 9, 2017

You have the absolute right to put a motion in to have custody modified based on what is in your child's best interests. I would recommend you contact an attorney to discus your options.

1 Answer | Asked in Child Custody and Family Law for New Mexico on
Q: The mother of my child is recently deceased she died in new mexico without a will her parent has my child and refuses me

I need help removing my child from grandmother residence and need advise on how i would do that i was ordered to pay child support a year ago and have made all current payments my childs mother died nov. 24,2017 her mother is refusing me my child and wont give her to me for no apparent reason i can... Read more »

Jeff Grandjean
Jeff Grandjean answered on Nov 9, 2017

Given that you are the only biological parent remaining, you should be able to do so however since the grandmother is not giving the child willingly to you, you will likely need to take her to court and get a Court Order requiring her to give you the child. I recommend contacting an attorney in... Read more »

1 Answer | Asked in Divorce for New Mexico on
Q: Can someone please help me understand what a 'mixed decision' means in a divorce judgement? thank you
Jeff Grandjean
Jeff Grandjean answered on Nov 9, 2017

A mixed decision usually means that the judge ruled in one party's favor on some issues, and in the other party's favor on other issues, or even that on individual issues the judge didn't rule entirely the way either party wanted but somewhere in the middle.

1 Answer | Asked in Estate Planning and Real Estate Law for New Mexico on
Q: In the State of New Mexico, is it required to to file a Transfer on Death deed PRIOR to death, or can it be filed after?
Jeff Grandjean
Jeff Grandjean answered on Feb 12, 2016

The statutes require that it be filed prior to the transferor's death.

1 Answer | Asked in Family Law for New Mexico on
Q: Does The BIOLOGICAL Mother Have The Right To Change A Minor Child's Last Name If Someone Else Has LEGAL custody?

Biological grandparents have had Kinship Guradianship for almost 5 years

Jeff Grandjean
Jeff Grandjean answered on Feb 12, 2016

She would need to petition the court to change the child's name, and the judge in that case would more than likely inquire as to who has legal custody, and would then want those parties input into the name change. Keep in mind, this answer is based on the limited information you have provided, for... Read more »

1 Answer | Asked in Family Law for New Mexico on
Q: I have had my daughter for 2 yrs and going for custody and now the mom says im not the dad is there a cut off time limit

the mother told me I was the father i was with her thru the pregnancy/birth I had no doubts she is mine I signed the birth certificate with no doubts we lived together for a year with child we broke up cause mo was using drugs a month later the I had a drug test done on the child and she tested... Read more »

Jeff Grandjean
Jeff Grandjean answered on Feb 12, 2016

Assuming that you and mother signed a valid acknowledgement of paternity, which in all likelihood you did if you were placed on the birth certificate, then no she cannot challenge it now. Keep in mind though, this answer is based on the limited information you have provided, you should still make... Read more »

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