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New Mexico Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Native American Law for New Mexico on
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... Read more »

Scott E Beemer
Scott E Beemer answered on Apr 26, 2019

Hello,

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

1 Answer | Asked in Family Law, Child Custody and Child Support for New Mexico on
Q: I need to respond to a motion to modify custody he's asking for full custody himself I need full custody for me

Supervised visits for him. His partner does not have custody of her son. I have had a restraining order on him.

Carlos N. Martinez
Carlos N. Martinez answered on Mar 1, 2019

First, you should respond to whatever motion he filed against you. Then you should file a motion for custody and request a hearing. When you get your hearing setting, prepare for the hearing by reviewing the state statutes, court procedure and local rules.

1 Answer | Asked in Child Custody, Family Law and Native American Law for New Mexico on
Q: Acoma Pueblo is a sovereign nation. So cyfd and Acoma Pueblo are Collaborated and cyfd took custody of my children. But

We domicile on the Acoma Pueblo . So who has the jurisdiction of this case? We have went to court adjudicatory hearing and cyfd attorney had to do a continuance on this hearing 3 times already. To my knowledge cyfd should have already transferred or gave the Tribal courts jurisdiction, over my... Read more »

Scott E Beemer
Scott E Beemer answered on Feb 28, 2019

Hello,

I am sorry to hear of your situation.

Dealing with a State Agency on Tribal Lands can be a complex situation. Today many tribes have entered into Intergovernmental Agreements (IGA) with the Children, Youth and Families Department (CYFD) of the State as it pertains to the...
Read more »

1 Answer | Asked in Child Custody and Family Law for New Mexico on
Q: How do I go about getting full custody for my son but not file for child support?

My side others oldest sons mom has been neglecting their son & pawning him off so he just wants full custody, no child support.

Carlos N. Martinez
Carlos N. Martinez answered on Feb 18, 2019

You would have to petition the court for full custody and request a hearing. New Mexico requires that a child support worksheet be filed with any parenting plan/custody order, however either party may deviate upwards or downwards with respect to what is owed under certain circumstances.

1 Answer | Asked in Child Custody and Child Support for New Mexico on
Q: son's mother is threatening child support and custody against me while I'm away for 2 year at rehab program. Can she?

I am not a bad father I just have personal issues and am strongly in my son's life I don't want to go away to rehab trying to better myself and come back home to her have taken my son from me. is there any way I can somehow get this to hold off until my program is complete and I can defend myself?

Carlos N. Martinez
Carlos N. Martinez answered on Feb 4, 2019

She can petition the court for custody yes. The court will look to see what is in the best interest of your child to determine what sort of custody and timeshare schedule there will be. They will take into account all surrounding circumstances, including your rehabilitation stay.

1 Answer | Asked in Child Custody and Child Support for New Mexico on
Q: I have custody of my daughter have since she born. Her dads what's costody to get out paying CS will get get ot

I'm not unfit parent and I lived in same house for 5 years my daughter is well taken care of. Her dad gets her every other weekend but doesn't always take her. He also talks very bad about me. He thinks he should have pay CS and he wants me pay for his lawyer

Carlos N. Martinez
Carlos N. Martinez answered on Feb 4, 2019

If I understand the question correctly, you are wondering if your kiddo's father can get custody to get out of paying child support. Your daughter's father can always petition the court for custody. The court looks to what is in the best interest of the child to determine what type of custody and... Read more »

1 Answer | Asked in Child Custody for New Mexico on
Q: Is there any way as a mother I can regain custody of my son? I have had the hardest time regaining custody on my own.

According to the legal consult I had, everything that was done in court was wrong. Mainly because I wasn’t represented an the favoritism with my sister cause her family member was our judge.

Carlos N. Martinez
Carlos N. Martinez answered on Feb 4, 2019

It really depends on what you lost custody for in the first place. Most courts in New Mexico are all for reunification, however if custody was lost due to drugs, neglect or abuse, you have a long road ahead of you. It also depends on if CYFD has been involved, whether or not they have substantiated... Read more »

1 Answer | Asked in Family Law and Child Custody for New Mexico on
Q: GAL board?

How do your turn in or file a complaint about guardian ad litem in New Mexico for wrong doing and not representing the best interest of a child. A GAL who is being intimidated by one parent and wants them off their back? Is there a board they have to answer to?

Gary William Boyle
Gary William Boyle answered on Sep 21, 2018

If you have issues with a Guardian ad Litem, you should raise them with the Court that appointed the GAL. You can do this by filing a motion with the Court.

1 Answer | Asked in Family Law and Child Custody for New Mexico on
Q: Can my parents refuse keep me from moving my son out of state? They are paranoid something will happen to him

No custody agreement

Jeff Grandjean
Jeff Grandjean answered on Dec 3, 2017

Unless they have some type of court order grandparent rights, custody, or guardianship, I don't see anyway they could prevent you from leaving the state with your son. I would recommend contacting an attorney to discuss the matter further if they are threatening to file some kind of legal action.

1 Answer | Asked in Family Law, Child Custody and Child Support for New Mexico on
Q: there anyway that i could get full rights and child support still if father doesn't see child at all?
Jeff Grandjean
Jeff Grandjean answered on Dec 3, 2017

It is possible you could get primary custody and still get child support. As far as terminating his rights completely, if you do that the Court may still order child support. Terminating rights completely is difficult however, I would recommend you speak to an attorney to discuss all of your... Read more »

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 more to that.... 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 and Family Law for New Mexico on
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... Read more »

Jeff Grandjean
Jeff Grandjean answered on Nov 9, 2017

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... Read more »

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 (biological... 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 the worksheet... 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 so months... 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 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 parents... 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 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 Mulder
Kyndra 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 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 »

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