Albuquerque, NM asked in Family Law for New Mexico

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 positive for meth and said mother was arrested for child abuse and since her arrest has gotten out picked up more charges. The mother hasnt even tried to see her daughter I have been raising her for the last 2 years and I filled for custody pro se and her response is saying Im not the father and named someone else as the father. I really need to know if there is a time limit as to this claim cause if there is a bit of truth on her part this would destroy our lives

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1 Lawyer Answer

Jeff Grandjean

Answered
  • Roswell, NM
  • Licensed in New Mexico

A: 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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