Espanola, NM asked in Child Custody and Native American Law for New Mexico

Q: Can a judge accept a finding of fact from one party and deny the same finding of fact from another party?

Our lawyers filed similar if not exact same findings of facts for our CYFD case, and he accepted some on mine and denied the same ones on his, and vice versa. Our lawyers are out of the office, so we can't ask them yet, but can the judge allow a fact from my finding and deny the same fact on my husbands, and vice versa? (this is an ICWA case, but that part seems irrelevant to this question)

1 Lawyer Answer

Scott E Beemer

Answered
  • Divorce Lawyer
  • Chandler, AZ

A: Hello,

Unfortunately, you have stated you are represented by counsel and it would therefore be unethical to comment as per ABA Rule 4.2.

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