Jeff Grandjean's answer 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.
Jeff Grandjean's answer 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 options. Please feel free to contact me or another attorney on Justia.
Jeff Grandjean's answer 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.
Jeff Grandjean's answer 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 attorney there immediately. If it happened in New Mexico, I would recommend contacting a New Mexico attorney to discuss, either myself or someone else you may find on Justia.
Jeff Grandjean's answer 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 example, if you are a co-owner of the home, that could complicate things. I would recommend you contact either myself or another family law attorney to discuss the matter in more detail.
Jeff Grandjean's answer 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 home mom, or they could simply use full time minimum wage for you which is what is often done if someone is not working. If one of your shared children with your ex is under the age of six, the Court...
Jeff Grandjean's answer 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.
Jeff Grandjean's answer 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 New Mexico to discuss your options.
Jeff Grandjean's answer 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.
Jeff Grandjean's answer 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 a more detailed answer specific to your situation, you should reach out to a family law attorney to discuss your case.
Jeff Grandjean's answer 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 contact with an attorney to discuss the issue in more depth.
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