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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
I have been charged with harassment by my ex-spouse, who is also the father of my children, and I now have a no contact order, which includes my children as witnesses. Prior to this, I had temporary primary custody because my ex-spouse does not reside in New Mexico full time. Additionally, he has... View More

answered on May 15, 2025
This is a deeply emotional situation, and your desire to remain connected with your children is completely understandable. A no contact order that includes your children does complicate things, but it doesn’t mean your parental rights are permanently lost. These orders are typically temporary,... View More
I'm currently involved in a CYFD case in New Mexico where my children were removed due to an anonymous report claiming our home was dirty. I still have custody but only get visitation for one hour and a half a week due to short staffing. This has been a 3-year battle that has significantly... View More

answered on May 15, 2025
You’ve been carrying the weight of this case for far too long, and it’s understandable that you feel frustrated and hurt. If you believe the original removal was based on false or exaggerated claims, and that a caseworker gave misleading testimony, you have the right to bring these issues to... View More
I was charged with two cases of child abuse, but I beat both cases. During this time, my children were taken out of state where they suffered physical and emotional abuse. I have documentation from the state of Utah indicating that New Mexico did not comply with policy and procedure during the CYFD... View More

answered on May 14, 2025
What you’re going through sounds deeply painful, especially knowing that your children suffered while systems meant to protect them failed. If the state of New Mexico didn’t follow required procedures during the investigation, and that failure contributed to your children being placed in... View More
I'm involved in a custody case in New Mexico where two different orders were issued. One order was described as "granted" while another was described as "ordered." I am trying to understand if the term "ordered" means that it was formally granted as well. Can... View More

answered on May 14, 2025
It’s completely reasonable to be confused by court language, especially when every word can feel loaded with meaning in a custody case. In New Mexico—and most courts—**“granted”** usually refers to the court agreeing to a request made in a motion or petition. For example, if you or the... View More
I am being charged with custodial interference, but at the time the charge was alleged, I was not aware of any court order regarding custody. The custodial guardian brought the child willfully to me that day without notifying me about any existing court order. There have been no prior conflicts,... View More

answered on Apr 16, 2025
You should not be criminally liable for custodial interference if you genuinely had no knowledge of a court order and the custodial guardian voluntarily brought the child to you. For a charge like this to hold, the prosecution typically must prove that you acted knowingly and willfully against a... View More
I am in a situation where my husband and I have a court order for supervised visitation with our 3 children, with a choice between two agencies. My husband has completed the intake and paid the fee at one agency, while I have done the same at the other. The agency my husband prefers is more... View More

answered on Apr 13, 2025
In your case, the decision on which agency to use for supervised visitation should ideally be made by the court if the order doesn't specify who gets to choose. Since both you and your husband have different preferences, it's important to focus on what is in the best interest of the... View More
I am the biological mother with sole custody of my child, who has lived with me since birth. My child's father recently passed away, leaving a life insurance policy intended to benefit the minor. I need to petition the New Mexico courts for guardianship or conservatorship specifically to... View More

answered on Apr 13, 2025
To petition the New Mexico courts for guardianship of your child's estate, you will need to file a petition for guardianship with the appropriate district court. Since the purpose is specifically to manage the life insurance benefits, the petition should clearly state that you are seeking... View More
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

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
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

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
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

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
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

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... View More

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
Mother in law and fiance were granted temporary kinship guardianship of Parent's three children in 2021. Guardians have received a significant financial gain as a result. Specifically the grandmother's social security disability benefits. As well as food stamps. The benefits are in mother... View More

answered on May 2, 2023
If you believe that the guardians have received a significant financial gain as a result of their temporary kinship guardianship and have not used these funds appropriately, there are several steps you can take.
Firstly, you may want to consider contacting a lawyer who can advise you on... View More
There are a few odd things that have happened including motions filed last sept. Why did judge recuse? She literally added a line and stated "for good reasons". Respondent had atty's but they have recently withdrawn due to difficulties between client and themselves. Now a hearing... View More

answered on Feb 28, 2023
Generally, a statis conference is just what it sounds like. The new judge likely wants to find out what is happening in the case and which of the prior filings still need to be resolved. The new judge might also want to actually schedule additional hearings. A status conference is usually... View More
Later she moved back to n.m for 8 months n let me n my son build a relationship then she just took off to Colorado out of no where then I filled for custody here in n.m but which state would have jurisdiction Colorado or New mexico

answered on Dec 15, 2021
If your son has been back in Colorado for less than 6 months, New Mexico courts will have jurisdiction over the custody issues. If he has lived in Colorado for 6 months or more this time, the Colorado courts will have jurisdiction.

answered on Dec 21, 2020
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... View 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?

answered on Nov 11, 2020
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... View More

answered on Feb 4, 2020
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... View More

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.
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