Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Carlos N. Martinez

1 Answer | Asked in Family Law, Child Custody and Child Support for New Mexico on

Q: I need to respond to a motion to modify custody he's asking for full custody himself I need full custody for me

Supervised visits for him. His partner does not have custody of her son. I have had a restraining order on him.

Carlos N. Martinez answered on Mar 1, 2019

First, you should respond to whatever motion he filed against you. Then you should file a motion for custody and request a hearing. When you get your hearing setting, prepare for the hearing by reviewing the state statutes, court procedure and local rules.

1 Answer | Asked in Family Law for New Mexico on

Q: My question is how do I know my rights as a father after after a leabe of absence leaving the state of nm for over two

My ex-fiance / children's mother and my two boys still reside in santa Fe. I'm in Minnesota now with family however I have to at least try to get my parental rights back. As she was the direct reason I had to leave and same for not returning.? Plz help me make a decision??

Carlos N. Martinez answered on Mar 1, 2019

In New Mexico, you are presumed to have joint legal custody rights to your kids unless there is a court order stating otherwise. If there is no case currently pending, then you should file a parentage and custody case immediately to protect your parental rights, and to establish your visitation.

1 Answer | Asked in Criminal Law for New Mexico on

Q: Should I plead guilty or not guilty for selling to alcohol to a minor in the state of New Mexico?

About a month ago my convenience store was put under a sting for selling alcohol to minors, and I was cited for selling to one. I asked the person for her ID and put in the date into the register and it kicked back that the date entered was not valid. I tried several times to put in the date... Read more »

Carlos N. Martinez answered on Feb 18, 2019

You should never plead guilty, nor should you ever talk to the police without a lawyer present. You should also never put something like the above, seeming to admit guilt, in the public realm where a district attorney could find it.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Mexico on

Q: What type of attorney do I need to speak to regarding a cell phone tower lease agreement and contract negotiations?

Carlos N. Martinez answered on Feb 18, 2019

You would best be served by an attorney that deals with business law, and contract negotiations. Any business law attorney worth their salt would be able to assist you in the above.

1 Answer | Asked in Child Custody and Family Law for New Mexico on

Q: How do I go about getting full custody for my son but not file for child support?

My side others oldest sons mom has been neglecting their son & pawning him off so he just wants full custody, no child support.

Carlos N. Martinez answered on Feb 18, 2019

You would have to petition the court for full custody and request a hearing. New Mexico requires that a child support worksheet be filed with any parenting plan/custody order, however either party may deviate upwards or downwards with respect to what is owed under certain circumstances.

1 Answer | Asked in Child Support for New Mexico on

Q: Can the case worker get me for tanif on a pending child support order from a different state ?

Me and my daughters father have a 10 year old .. he has always help support her we have always lived together except for 3 years we separated during those 3 years I received tanif .. during that time he was still helping me with my daughter... we got back together I closed the tanif ... we... Read more »

Carlos N. Martinez answered on Feb 7, 2019

If this is a case in New Mexico, the child support enforcement division routinely seeks reimbursement of state funds. If they are claiming that you owe an amount that seems too high, request an audit to ensure their calculations match yours.

1 Answer | Asked in Criminal Law for New Mexico on

Q: I tried using one counterfeited $20 and possession of one thc cartridge. What does it look like for me???

I just need advice and now I'm 18 years old.

Carlos N. Martinez answered on Feb 7, 2019

First off, you need to stop posting any sort of incriminating statements on an online forum. Really is going to come down to intent and knowledge of the $20. As to the THC cartridge, depends. Do you have a medical card? Is it expired? If you were in Albuquerque or Santa Fe, possession of up to an... Read more »

1 Answer | Asked in Child Support for New Mexico on

Q: I meant I was a minor when she had my child I was 14 and she was 19 can I be charged child support as a minor

Carlos N. Martinez answered on Feb 6, 2019

Absolutely yes if you are the father of the child. Child support depends on how much time the child spends with each parent, plus your gross monthly incomes amongst other factors.

1 Answer | Asked in Child Support for New Mexico on

Q: Can a father being a minor be charged for child support

Carlos N. Martinez answered on Feb 6, 2019

Yes. Parents are both responsible for providing support to their children. You would need to bring a parentage case against the father, and then request child support at a court hearing

1 Answer | Asked in Divorce for New Mexico on

Q: In a divorce case motion to compel hearing can I request we skip mediation and just have the judge decide based on fact?

My husband has sold equipment worth $10,000 and has taken all of our possessions off the property and he refuses to comply with discovery or an order to relocate property. His attorney when I attempted to meet and confer has just blown me off telling me we need mediation. Things can't be mediated... Read more »

Carlos N. Martinez answered on Feb 4, 2019

You can request that the court hold a pretrial conference and request a trial date at the same time. It is customary for courts to send the parties to mediation to see if they can come to some sort of agreement, however if that does in fact fail, then the court generally will set a trial date.

1 Answer | Asked in Child Custody and Child Support for New Mexico on

Q: son's mother is threatening child support and custody against me while I'm away for 2 year at rehab program. Can she?

I am not a bad father I just have personal issues and am strongly in my son's life I don't want to go away to rehab trying to better myself and come back home to her have taken my son from me. is there any way I can somehow get this to hold off until my program is complete and I can defend myself?

Carlos N. Martinez answered on Feb 4, 2019

She can petition the court for custody yes. The court will look to see what is in the best interest of your child to determine what sort of custody and timeshare schedule there will be. They will take into account all surrounding circumstances, including your rehabilitation stay.

1 Answer | Asked in Child Custody and Child Support for New Mexico on

Q: I have custody of my daughter have since she born. Her dads what's costody to get out paying CS will get get ot

I'm not unfit parent and I lived in same house for 5 years my daughter is well taken care of. Her dad gets her every other weekend but doesn't always take her. He also talks very bad about me. He thinks he should have pay CS and he wants me pay for his lawyer

Carlos N. Martinez answered on Feb 4, 2019

If I understand the question correctly, you are wondering if your kiddo's father can get custody to get out of paying child support. Your daughter's father can always petition the court for custody. The court looks to what is in the best interest of the child to determine what type of custody and... Read more »

1 Answer | Asked in Child Custody for New Mexico on

Q: Is there any way as a mother I can regain custody of my son? I have had the hardest time regaining custody on my own.

According to the legal consult I had, everything that was done in court was wrong. Mainly because I wasn’t represented an the favoritism with my sister cause her family member was our judge.

Carlos N. Martinez answered on Feb 4, 2019

It really depends on what you lost custody for in the first place. Most courts in New Mexico are all for reunification, however if custody was lost due to drugs, neglect or abuse, you have a long road ahead of you. It also depends on if CYFD has been involved, whether or not they have substantiated... Read more »

1 Answer | Asked in Divorce for New Mexico on

Q: My husband put his girlfriend on his account can I ask thru a motion that she be removed until the divorce is final

Carlos N. Martinez answered on Feb 4, 2019

It depends on what type of account you are talking about. If he has put her on a community account, then you could potentially prevent it via a motion to the court, dependent on other surrounding circumstances.

1 Answer | Asked in Divorce for New Mexico on

Q: Can my spouse take residential property.

I was living in the residence for 15+ years prior to marrying. My father sold us the property as a married couple. the residence is next door to my elderly parents so that I could be close to them for care as they age.

During the purchase of the property, my husband and I signed the... Read more »

Carlos N. Martinez answered on Feb 4, 2019

The general rule in New Mexico is that you are entitled to 50% of all community property. Community property is anything that you've acquired during your marriage. Regarding leaving the home, the general rule is that the status quo must be maintained throughout the proceedings. Since it appears... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.