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 »
Should I hire an attorney or respond pro se?
You should probably retain qualified counsel experienced in custody disputes. Any decision the Court makes regarding time sharing at this point may be binding unless there is a material change in circumstances in the future. You will have a much better chance of protecting your child's... 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.
her father and I are amicable but he would never allow it if he can object. but everything i've read says since she's over the age of 14, she can petition the court to change her name. part of it is her relationship with her father, but mostly his last name is weird and pronounced weirdly... Read more »
The parents of a minor child have to be notified of a name change in New Mexico, and her dad can object. He may not bother, or the judge very well may overrule his objection if the child's reasoning is sound.
My husband lives and works in Germany where he has been for the last 10+ years. I lived in our home in Austin, Texas up until June 2017 when I moved to Santa Fe. We still own the home in Austin, with tenants. We have one grown child.
We are trying to figure out how best to divide everything.
The answer to your question will depend on counsel gaining a thorough understanding of all of the complicated facts associated with your situation. There are, however, some general concepts that may be helpful.
1. All of the assets you acquired during the marriage (except those acquired... Read more »
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.
My ex-fiance / children's mother and my two boys still reside in santa Fe. I'm in Minnesota now with family however I have to at least try to get my parental rights back. As she was the direct reason I had to leave and same for not returning.? Plz help me make a decision??
In New Mexico, you are presumed to have joint legal custody rights to your kids unless there is a court order stating otherwise. If there is no case currently pending, then you should file a parentage and custody case immediately to protect your parental rights, and to establish your visitation.
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.
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.
If its a 18 percent raise when will it be calculated into support if at all?
I assume you are referring to rules regarding modification of child support. Child support can be modified when a party can demonstrate a significant change in circumstances. The statutes provide that there is a significant change in circumstances when the amount of child support has changed by... Read more »
My Mom was very neglectful & abusive. Both Physically and emotionally. All of This happened to me between ages 7-14. She was neglectful and abusive to her other 5children as well. She provided them drugs and Alchohol when they were only between the ages of 11-15. She specifically picked out her... Read more »
You can file criminal charges. You can sue her civilly but that will cost money and unless she has a lot I don't see it as doing anything except frustrating you.
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 »
Put some kind of restriction so i can't take my son out of state can he do that?
It is possible but he would likely have to go to court to do so. I would recommend contacting an attorney to discuss your options and to review the court docket to see if anything has been filed. Please feel free to contact myself or any other attorney on Justia if you want.
I have been divorced for four years and have been working that entire time. Recently I moved across the state with my SO and I am now a stay at home mom. We are not married yet. My ex husband has not been paying child support for some time and I want to take it to court. I would like to know how my... Read more »
In New Mexico no one's income counts towards child support except for the actual parents, so your new partner's income would not count, even if you got married. As for your income, the court could do one of a number of things, they could use your old income since you voluntarily became a... 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 would like to know what rights as the parent I have when my child, who is 16, is working.
This is a great question. In general, child laborers 16 and over are not subject to special "work permit" (and associated approval and record) requirements in New Mexico. See, e.g., NM Stat § 50-6-2 (2007). However, because a 16 year old is still a "minor" under New Mexico... Read more »
Uncle being disabled I became his state paid caregiver after grandma got too old to do it anymore. The house is his, now that Grandma's passed. The house is where grandma raised me and my Uncle. But my Aunts who have my Uncle now don't know "what to do about the house"? When my... Read more »
It's not a family law it's a probate question. What does a will say? You need estate lawyer consultation. If there is no will Intestate succession laws govern
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Ave,... Read more »
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