Albuquerque, NM asked in Child Custody and Family Law for New Mexico

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 raise my child and am willing to do so how can i get my child back legally?

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1 Lawyer Answer
Jeff Grandjean
Jeff Grandjean
  • Divorce Lawyer
  • Roswell, NM
  • Licensed in New Mexico

A: 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.

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