Fort Sumner, NM asked in Child Custody, Child Support and Family Law for New Mexico

Q: my visitation was set 4 years ago when my child was an infant. how do i go about revising my visitation schedule?

i am paying child support and have been since april. his mother and i were together at the time and we saw eachother frequently. now that were not together any more she is only allowing me to see my son for 3 hours 3 days out of the month like the court order says, but was set in my absence as i was incarcerated and the child was an infant. now hes in school and talking and loves me as his father and i live 2 hours away, i need to see him on a set schedule and not just when sarah is playing nice. i want to have my son in my life more to teach him and be his father.

1 Lawyer Answer

Gary William Boyle

Answered
  • Santa Fe, NM
  • Licensed in New Mexico

A: To change the terms on which you can see your son, you will have to file a motion to modify custody with the Court. You should describe in the motion what circumstances have changed. The Court may hear your motion or refer you for other services first.

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