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New Mexico Child Custody Questions & Answers
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 Child Custody, Domestic Violence and Family Law for New Mexico on
Q: How to maintain parental rights with a no contact order?

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

James L. Arrasmith
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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

1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights and Family Law for New Mexico on
Q: How to fight a CYFD case and regain custody in NM?

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law, Child Custody, Family Law and Civil Litigation for New Mexico on
Q: Seeking legal advice on state employee negligence affecting child abuse case outcomes in NM.

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

James L. Arrasmith
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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

1 Answer | Asked in Child Custody and Family Law for New Mexico on
Q: Difference between "order granted" and "order ordered" in NM custody case?

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

James L. Arrasmith
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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

1 Answer | Asked in Child Custody, Criminal Law and Family Law for New Mexico on
Q: Can I be charged for custodial interference without knowing of a custody order?

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

James L. Arrasmith
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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

1 Answer | Asked in Child Custody and Civil Litigation for New Mexico on
Q: Who decides the agency for supervised visitation with different preferences?

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

James L. Arrasmith
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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

1 Answer | Asked in Child Custody, Family Law and Gov & Administrative Law for New Mexico on
Q: Petition NM courts for guardianship to manage life insurance for minor.

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

James L. Arrasmith
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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

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 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 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 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

T. Augustus Claus
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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... 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?
T. Augustus Claus
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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 Family Law, Child Custody and Social Security for New Mexico on
Q: What do I do if who was granted temporary kinship guardianship, recieved significant financial gain as a result ?

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

James L. Arrasmith
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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

1 Answer | Asked in Child Custody, Child Support, Family Law and Libel & Slander for New Mexico on
Q: A standing custody court order, motions and responses filed last fall, Judge recused herself. Status Conference3/3/23

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

Gary William Boyle
Gary William Boyle
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

1 Answer | Asked in Family Law and Child Custody for New Mexico on
Q: My son was born in new mexico n im from n.m too after he was born my sons mom took off with him to Colorado well 9yrs

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

Gary William Boyle
Gary William Boyle
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.

1 Answer | Asked in Child Custody and Child Support for New Mexico on
Q: Child support: How does the custodial parent receive relieve or payment when the paying parent is in prison?
Paul Ylvisaker
Paul Ylvisaker
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

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for New Mexico on
Q: Perhaps I didn't ask the question properly. My niece has a warrant for burglary in New Mexico. She has an 8 yr old girl

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?

Sean Maye
Sean Maye
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

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1 Answer | Asked in Family Law, Tax Law, Child Custody and Identity Theft for New Mexico on
Q: my daughter dad took her and I haven't seen or spoken to her in 1 yr 7 months. He is not on the birth certificate
D. Mathew Blackburn
D. Mathew Blackburn
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.

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... View 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.

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