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New Mexico Family Law Questions & Answers
0 Answers | Asked in Family Law and Child Custody for New Mexico on
Q: Which State Do I Need To Try To Get Pro Bono Famiy Lawyer From I Am In Marana,AZ But My Kids Reside In Riley,NM

Hi I Have Contacted To The New Mexico Court an They Have Sent Me The Form To Fill Out For A Motion An When I Asked If It's Best I Get A Lawyer They Said It Sure Would Be Of Big Help So I Explained My Situation an They Gave Me The Number To Contact About A Family Law Pro Bono Lawyer Well... View More

0 Answers | Asked in Family Law for New Mexico on
Q: NM 40-3-1: I am divorced in NM and have recently received an inheritance. Is my ex entitled to any of it after the fact?

My ex will receive off the top of my retirement a certain amount and then a certain percentage of my pension after I retire.

0 Answers | Asked in Family Law, Child Custody and Health Care Law for New Mexico on
Q: Right now the person that has a problem and not letting see my 6 and 8 years old nephews.i have not seen our talk to th

Them in months she now has token visit away from there stepgrandparents.she not letting not any of there family see them. What can I do to get grande ship of the boys. What first.

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

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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

1 Answer | Asked in Divorce, Real Estate Law and Family Law for New Mexico on
Q: Do I have any right to money from the sale of the house my ex husband is selling when he never removed me from the deed

We bought the house in 2019, divorced in September 2022 when I moved out. He had until Nov 1 to remove me from the deed but never did. Now he’s selling and wants me to sign the paperwork to remove me from the deed.

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answered on Oct 24, 2023

In a situation like this, the division of proceeds from the sale of the house typically depends on the divorce settlement agreement or court orders. If your divorce decree outlines how the property should be handled and whether you're entitled to a share of the sale proceeds, that agreement... View More

1 Answer | Asked in Criminal Law and Family Law for New Mexico on
Q: How would I be able to get information on my incarcerated fiancé that has been hospitalized

I have POA of my fiancé tht is incarcerated

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answered on Oct 11, 2023

In New Mexico, if you have Power of Attorney (POA) over your incarcerated fiancé, it might grant you access to certain information about his well-being and medical status, depending on the specifics of the POA document. You should start by contacting the facility where he is incarcerated and... View More

1 Answer | Asked in Family Law and Child Custody for New Mexico on
Q: My ex-husband left the state in 2021 and has been no contact with our daughter since is filing for abandonment possible?
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answered on Sep 28, 2023

In New Mexico, filing for abandonment might be an option if your ex-husband has had no contact with your daughter for an extended period. Generally, abandonment is defined as the deliberate act of relinquishing all rights and claims to a child. Legal requirements may vary, so it's important to... View More

1 Answer | Asked in Divorce and Family Law for New Mexico on
Q: If I was married in california and now separated from spouse and live in new mexico, can I get my divorce here?
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answered on Sep 14, 2023

In New Mexico, you can file for divorce if you meet the state's residency requirements. Generally, at least one of the parties must be a resident of the state for a certain period before filing for divorce. Given that you were married in California and now reside in New Mexico, you may be... View More

1 Answer | Asked in Family Law for New Mexico on
Q: Do paternal grandparents have a right to see their grandchildren? How would we petition the court for visitations?
Gary William Boyle
Gary William Boyle
answered on Sep 14, 2023

Grandparents rights are defined in NMSA Section 40-9-2. Those rights depend on a variety of factors including whether the parents are living or deceased, the age of the grandchildren and whether they have resided with the grandparents, and a series of factors aimed at determining what sort of... View More

1 Answer | Asked in Family Law and Real Estate Law for New Mexico on
Q: I gave my mother power of attorney while I was incarcerated, she put her name on the deed to my house and is financially

Gaining off of the house because I was renting it out. Can she get introuble for personal gain and can I undo what she did?

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answered on Jul 24, 2023

You can revoke the POA anytime. I would notify any interested parties such as the renters. You can also sue her for breach of fiduciary duty for presumptively fraudulent transfers of your money to herself.

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