You are in a difficult situation. If the parent owing support is imprisoned, then obtaining child support is usually not feasible. Some states will reduce child support to $0 during incarceration, others will allow the monthly balance to accrue at the monthly amount creating a potentially large... Read more »
She wants to turn herself in with her lawyer but wants me to pick the daughter up before she does that so she's with someone safe. What should I do to make sure I have guardianship of her for school, medical and other things?
The answer to this question is one rooted in NM law, unfortunately. As you would be attempting to assume custody of the child in NM, you will need to consult with a lawyer there regarding a possible emergency petition for temporary custody and guardianship. That said, it is highly unlikely that... Read more »
I'm sorry to hear about that. You've got a pretty complicated issue you may be better off going directly to an attorney and having a private consult with them. I'm not sure you're going to get useful answers to your situation in a forum such as this.
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... Read more »
Hello,
Unfortunately, you have stated you are represented by counsel and it would therefore be unethical to comment as per ABA Rule 4.2.
Supervised visits for him. His partner does not have custody of her son. I have had a restraining order on him.
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.
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 »
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 »
My side others oldest sons mom has been neglecting their son & pawning him off so he just wants full custody, no child support.
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.
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?
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.
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
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... Read more »
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.
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 »
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?
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.
No custody agreement
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.
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 »
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 »
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.
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 »
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 »
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 »
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.
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 »
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 »
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 »
I strongly recommend that you retain qualified counsel.
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 »
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.
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.
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