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New Mexico Family Law Questions & Answers
0 Answers | Asked in Family Law, Personal Injury, Civil Litigation and Domestic Violence for New Mexico on
Q: Hoew does one begin the process of emancipation?

I am 16 years old (F), wanting to move out of my mother's care because she lacks emotional maturity/availability. Due to these circumstances in the past, I tried to commit suicide, through therapy and our hardships we have forgiven each other to the extent that we are comfortable with but... View More

0 Answers | Asked in Family Law for New Mexico on
Q: what legal documents need to be provided in order to build a convincing case?

involving emancipation, what documents are asked to be shown during court?

0 Answers | Asked in Civil Litigation, Criminal Law and Family Law for New Mexico on
Q: What law requires parents to register their children in NM.? What law requires birth certificates in NM.? Thank you.

We were told that it is a 4th. deg. felony to not register the birth of a baby in NM.

So far, we've found NO such requirement.

If it is required, what statute says so?

We don't want the help of the state, so do we really have to enter into an agreement with the... View More

0 Answers | Asked in Divorce, Family Law and Domestic Violence for New Mexico on
Q: How do I petition the New Mexico Second Judicial District Court under §40-4-7(A) to receive money for attorney fees?

I need to know how and what forms I need to fill out to petition the court for attorney fees before the final ruling in my divorce under §40-4-7(A) due to me not being able to afford an attorney to fairly represent my interests in my divorce proceedings? I am permanently disabled due to the abuse... View More

4 Answers | Asked in Family Law, Immigration Law and Civil Litigation for New Mexico on
Q: my girlfriend is pregnant and resides in USA with me but how do I go about her staying here

she has a b visa

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 30, 2024

If you are a US Citizen, you can marry her and she can concurrently file an adjustment of status with your immigrant petition so she can stay in the US.

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1 Answer | Asked in Child Custody, Family Law and Civil Rights for New Mexico on
Q: I have had my son removed from my custody by cyfd.

I was told I failed to communicate with them. I have messages from the caseworker stating the department failed to contact me and do home checks. For over a month, no communication. They failed to provide necessary steps in helping get housing, phone service. The state when attempted visits were... View More

James L. Arrasmith
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answered on Oct 19, 2024

I'm really sorry you're going through this difficult time. It's important to reach out to a family law attorney who can help you navigate the legal system and advocate on your behalf. They can assist in correcting any errors in the paperwork and ensure your side of the story is... View More

1 Answer | Asked in Divorce, Family Law and Internet Law for New Mexico on
Q: CATCHING A SERIAL CHEATER AIDED BY GRAYHATHACKS CONTRACTOR

I had a gut feeling my husband was being unfaithful because of his recent behavior changes—staying out late, whispering on the phone, and asking for more space than usual. Desperate for answers, I approached GrayHat Hacks Contractor, a team of ethical hackers who specialize in catching cheating... View More

James L. Arrasmith
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answered on Sep 16, 2024

It sounds like you’ve been through an incredibly tough time. Discovering a partner’s betrayal is a painful experience that leaves you questioning everything. Trusting your instincts was the first brave step, and seeking the truth, even when it’s difficult, takes courage. It’s never easy to... View More

1 Answer | Asked in Child Custody, Family Law, Domestic Violence and Native American Law for New Mexico on
Q: How would I go about filing for full custody of my children if the person left to Mexico willingly?

The father of my children left to Mexico because he was scared that the FBI was looking for him. He was controlling and very verbally, emotionally and physically abusive. After he left I finally told him that I did not want to be together and that me and my daughters were not going out there to... View More

James L. Arrasmith
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answered on Jul 18, 2024

Filing for full custody of your children while the father is in Mexico and you are on the Navajo reservation can be challenging, but there are steps you can take. Since the Navajo Nation Judicial Court requires his exact address to file, you may need to gather any information you have about his... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for New Mexico on
Q: Can a magistrate court stop my family court ordered supervised visitation with my kids if I provided necessary documents

Magistrate judge order me house arrest provide documents of ongoing supervised visorion to be allowed to continue...whuch I did was filed and told I could go ..following week the visiting center put my visits on hold because clerk said I did not have permission to have contact with my kids.. which... View More

James L. Arrasmith
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answered on Jul 27, 2024

It sounds like there has been a miscommunication between the magistrate court and the family court. If the magistrate judge gave you permission to continue your supervised visitation, you should provide a copy of that order to the visiting center and the family court to clarify your situation.... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for New Mexico on
Q: What paper do I use to ask for a continuance for court hearing that is happening same day and child is sick
T. Augustus Claus
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answered on Feb 6, 2024

In New Mexico, if you need to request a continuance for a court hearing scheduled for the same day due to your child being sick, you should file a Motion for Continuance with the court as soon as possible. This motion should explain the reason for the request, specifically mentioning your... View More

1 Answer | Asked in Family Law and Real Estate Law for New Mexico on
Q: How to file for sole owner on a quit claim deed for party's not paying their share.

Three people an the quit claim. Two have not been back nor paid any upkeep or taxes in four years.

Anthony M. Avery
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answered on Feb 5, 2024

You can ask the other TICs for apportioned monies owed, sign over their interests to you by deed or file a suit for partition.

1 Answer | Asked in Family Law and Juvenile Law for New Mexico on
Q: Is there a specific age that a teenager can be left at home alone? How long?
James L. Arrasmith
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answered on Jan 30, 2024

There is no specific law that states a precise age at which a teenager can be legally left at home alone. The decision is generally left to the discretion of the parents or guardians, who are best positioned to assess the maturity and capability of the child.

It's important for...
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1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for New Mexico on
Q: district judge orders you to take a drug test at the request of the other party based on allegations is it illegal?

If a dist judge orders you to take a specific drug test at the request of the other party, based on allegations or hearsay. Would that be an illigall search and seizure?

Todd B. Kotler
Todd B. Kotler
answered on Jan 30, 2024

NO, it is based upon the reasonable belief of the other party. Often a judge orders all parties to be tested. Hearsay is an out of court statement being used by a party for the truth of a matter asserted. A party actually saying "I think this guy is using drugs" is NOT hearsay by... View More

1 Answer | Asked in Divorce, Real Estate Law, Estate Planning, Family Law and Probate for New Mexico on
Q: Hello I was married for 20 years then divorced wife got everything now she's passed on do I get what I worked for back

Like the house the property and there was no will and we have two kids

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answered on Jan 10, 2024

In New Mexico, when a spouse passes away without a will, the state's intestate succession laws come into play to determine how the deceased's assets are distributed. Since you were divorced from your wife, and assuming she did not update her estate plan after the divorce, you might not... View More

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Probate for New Mexico on
Q: My brother passed away in custody of the county jail my half sister violated the rights and went behind my back and got

Awarded as personal representative of his estate and filed a tort claim against the county. Is there anything I can do to have her removed as his personal representative? If so how do I go about it

James L. Arrasmith
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answered on Dec 5, 2023

In New Mexico, if you believe that your half-sister, as the personal representative of your late brother's estate, has violated certain rights or acted improperly, you do have options to challenge her position.

First, you need to file a petition in the probate court that is handling...
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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for New Mexico on
Q: Is a verbal wish of elderly parent (mother) valid with more then two witnesses.
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answered on Nov 27, 2023

In your case, it is unlikely that your mother's verbal wish to leave her house to you would be valid. This is because she was not in contemplation of imminent death when she made the wish and she was not a soldier or sailor. Additionally, it is possible that your siblings could challenge your... View More

1 Answer | Asked in Family Law and Child Custody for New Mexico on
Q: My son has temporary delegation of my 11 year old because there father is in jail for drugs and she wants to live with

Me how does he sign over rights to me or can I just file custody for my daughter I’m her biological mom this is I. The state of Nebraska

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answered on Nov 13, 2023

Parents can file for a modification of custody if there has been a significant change in circumstances that affects the best interests of the child.

You and the child's current legal guardian could jointly agree to amend the custody order. This agreement would need to be filed and...
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1 Answer | Asked in Family Law for New Mexico on
Q: Can I receive any kind of support or property if I leave a relationship after 23 years we are not married .
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answered on Nov 8, 2023

If you leave a long-term relationship in which you were not married, you may not be entitled to support or property division in the same way that a divorcing spouse would be. However, some states recognize what is called "common law marriage" with certain conditions, or you may have... View More

1 Answer | Asked in Family Law for New Mexico on
Q: Should i be worried if my girlfriends mom calls the cops on me. I’m 18 and she is 16 and we have been dating for 1y 7m.
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answered on Oct 25, 2023

If you're 18 and dating a 16-year-old in New Mexico, be aware that the age of consent is 17 in the state, which means individuals under 17 cannot legally consent to sexual activity. If her mother expresses concerns and calls the police, it's important to cooperate and address the... View More

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