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New Mexico Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for New Mexico on
Q: what legal rights do I have for custody and visitation as a mother paying child support?

I share joint legal custody with my son's father and he has physical custody. Over the past year there have been issues of my son running away from home and his father says it's because he doesn't want to face the consequences of his behavior. I always questioned that and felt it was... Read more »

Jeff Grandjean
Jeff Grandjean
answered on Nov 9, 2017

You have the absolute right to put a motion in to have custody modified based on what is in your child's best interests. I would recommend you contact an attorney to discus your options.

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

Gary William Boyle
Gary William Boyle
answered on Aug 3, 2017

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.

1 Answer | Asked in Child Custody, Child Support and Family Law for New Mexico on
Q: Single working mom for 8 years. Biological dad never paid any child support threatens to take child away.

The biological father of my stepson who has never once paid for any of his living expenses is threatening to take his mother to court and get custody of our son. She has always tried to be civil and never kept pour son away from him or his side of the family but since I've come along he... Read more »

Gary William Boyle
Gary William Boyle
answered on May 21, 2017

The issues of child support and physical custody are separate issues. The child's father has an obligation to provide support for the child. The child's mother can go to court and request child support any time. The Court will award child support based on the parents' income and... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for New Mexico on
Q: My kids dad is trying to get Custody of my 6 kids to were I only have visiting rights to my kids..

He recently made a report on me through cyfd.. I'm not an unfit parent I had my kids since the day they where born.. my problem is stress cause the father has not help raise or support our kids. I been raising and supporting them on my own for two years.. he's been out of jail for 8 or... Read more »

Gary William Boyle
Gary William Boyle
answered on May 11, 2017

I strongly recommend that you retain qualified counsel.

1 Answer | Asked in Immigration Law and Child Custody for New Mexico on
Q: My ex is from mexico no social or state id and is trying to take my girls from me can she do that w/o being a us citizen
Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Mar 26, 2017

Immigration status has no bearing on parental rights. She can however be ordered not to take the children out of the state and specially the country. I suggest you contact a family law attorney.

1 Answer | Asked in Child Custody, Child Support and Family Law for New Mexico on
Q: Hi my question is: How do I go about having custody of my son 50/50?

My sons mother has full custody and I want to know how to get him 50/50. We already went to court and all she requested was money. She doesn't want him to have my last name and she said I have never given her money since he was born. She was 14 and I was 16 when we had him. We lived with my... Read more »

Gary William Boyle
Gary William Boyle
answered on Apr 28, 2017

You would have to file a motion with the Court asking the Court to award you time with your child. The Court will take into account everything that is relevant.

1 Answer | Asked in Family Law and Child Custody for New Mexico on
Q: My ex is tryin to take my kids. He ain't on birth certificates what could happen if he does try to take them

I have a three year old and a four month old me and my ex were together for six years but never married most of the relationship he was getting high now he is threatening to take my kids what could happen if he does try

Brian Lehman
Brian Lehman
answered on Feb 25, 2017

The court could issue a wide range of orders that determine custody. You should consult with a family lawyer in your area. Here is a list: https://www.justia.com/lawyers/family-law/new-mexico/hobbs

1 Answer | Asked in Child Custody for New Mexico on
Q: I have switched school districts and am refusing to abide by child custody agreement

I have taken this avenue to protect my two minor daughters from my ex wife's convicted child molester boyfriend whom I recently found out has been touching my girls. What legal rights do I have for my actions and what do I need to do from here.

Peter N. Munsing
Peter N. Munsing
answered on Feb 8, 2017

You need to go for a modification of your custody agreement and if there are to be visits they should be supervised. But you get a court order immediately, not later. Courts don't like people taking the law into their hands.Also, not clear why you had to switch school districts.

1 Answer | Asked in Family Law and Child Custody for New Mexico on
Q: Constitutionally under the 14th ammendment can the courts take my kids away from me
Marshall Jason Ray
Marshall Jason Ray
answered on Jun 29, 2016

The general short answer is yes, Courts may, under certain circumstances, order the removal of children and the termination of parental rights. To determine whether your rights were violated or whether you have any options to challenge the court action in your specific situation, you would need to... Read more »

1 Answer | Asked in Child Custody for New Mexico on
Q: I am looking to gain custody of my younger brother from an abusive father and a neglective mother who are divorcing

My father has a history of physical, mental and emotional abuse with myself and currently has a restraining order on him from my mother, who filed one for domestic abuse. My mother is neglectful in multiple ways, she knew about my father abusing me and she will often leave my brother and I at home... Read more »

Robert Jason De Groot
Robert Jason De Groot
answered on Jul 25, 2013

The best thing for you to do is have a consultation with a family attorney in your area.

1 Answer | Asked in Child Custody for New Mexico on
Q: Can I request a different Judge in my custody case if feel that he is not being fair and impartial?
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Jan 18, 2011

Parties to a case have a right to a fair and impartial judge - if you have reason to believe this judge wont be fair you have a right to request a change. However, usually it must be done within a very short time frame FROM THE BEGINNING of the case. In most cases it is under a month to... Read more »

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