Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Ask a Question
Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New Mexico Family Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for New Mexico on
Q: My father is being financially exploited and is experiencing undue influence from my I brother and son how can I stop it

My 83 yr old father has my 55 yr old brother who has lived in my fathers home for 14 yrs without having any job and my 40 yr old son has lived there consistently for aprox 21 yrs never paying for anything either. My father has been diagnosed with dementia but has a fluctuating cognitive impairment.... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 19, 2024

You can file your own report with adult protective services. But chances are that will not bring any relief. The only real solution is to hire an attorney to petition the court to appoint you as guardian and conservator for your father. If you have limited means you might try your local legal aid... View More

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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Family Law and Juvenile Law for New Mexico on
Q: Is there a specific age that a teenager can be left at home alone? How long?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024

There is no specific law that states a precise age at which a teenager can be legally left at home alone. The decision is generally left to the discretion of the parents or guardians, who are best positioned to assess the maturity and capability of the child.

It's important for... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for New Mexico on
Q: district judge orders you to take a drug test at the request of the other party based on allegations is it illegal?

If a dist judge orders you to take a specific drug test at the request of the other party, based on allegations or hearsay. Would that be an illigall search and seizure?

Todd B. Kotler
Todd B. Kotler
answered on Jan 30, 2024

NO, it is based upon the reasonable belief of the other party. Often a judge orders all parties to be tested. Hearsay is an out of court statement being used by a party for the truth of a matter asserted. A party actually saying "I think this guy is using drugs" is NOT hearsay by... View More

1 Answer | Asked in Divorce, Real Estate Law, Estate Planning, Family Law and Probate for New Mexico on
Q: Hello I was married for 20 years then divorced wife got everything now she's passed on do I get what I worked for back

Like the house the property and there was no will and we have two kids

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2024

In New Mexico, when a spouse passes away without a will, the state's intestate succession laws come into play to determine how the deceased's assets are distributed. Since you were divorced from your wife, and assuming she did not update her estate plan after the divorce, you might not... View More

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Probate for New Mexico on
Q: My brother passed away in custody of the county jail my half sister violated the rights and went behind my back and got

Awarded as personal representative of his estate and filed a tort claim against the county. Is there anything I can do to have her removed as his personal representative? If so how do I go about it

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

In New Mexico, if you believe that your half-sister, as the personal representative of your late brother's estate, has violated certain rights or acted improperly, you do have options to challenge her position.

First, you need to file a petition in the probate court that is handling... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for New Mexico on
Q: Is a verbal wish of elderly parent (mother) valid with more then two witnesses.
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2023

In your case, it is unlikely that your mother's verbal wish to leave her house to you would be valid. This is because she was not in contemplation of imminent death when she made the wish and she was not a soldier or sailor. Additionally, it is possible that your siblings could challenge your... View More

1 Answer | Asked in Family Law and Probate for New Mexico on
Q: Steps to reclaim retirement benefits after ex-wife's death without will or estate.

My ex-wife, who was entitled to a portion of my retirement per our decree, has passed away without a will or estate. I provided NMPERA with the necessary decree paperwork and her death certificate. NMPERA informed me they would cut a check that would remain unclaimed. Her children, who are now... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2025

Since your ex-wife passed away without a will or estate, and her adult children have no interest in pursuing her share of your retirement benefits, you may be able to reclaim the full amount—if the original divorce decree does not lock in her benefit past her death. NMPERA's position that... View More

1 Answer | Asked in Divorce and Family Law for New Mexico on
Q: Can attorney's fees be recovered in a NM divorce due to income disparity and delays?

I am involved in a divorce case in New Mexico where there is a significant disparity in income between myself (the Petitioner) and the Respondent, with the Respondent earning three times more than I do. The Respondent and their attorney have been artificially delaying the resolution for over four... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 25, 2025

In New Mexico, the court has the discretion to award attorney's fees in a divorce case based on the financial disparity between the parties and the conduct during litigation. If your spouse earns significantly more and has engaged in tactics that unnecessarily prolonged the case, the court can... 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for New Mexico on
Q: How can I file a lawsuit against CYFD for violations and trafficking my children since 2018?

I want to file a lawsuit against CYFD for violating my 4th and 14th amendment rights and trafficking my children, which began in 2018. I am seeking to bring my children home and file a writ of review. I have not consulted with any legal professionals yet, and I'm unaware of any existing... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

What you're going through sounds deeply painful, and wanting to fight for your children is a powerful and valid response. If you believe the Children, Youth, and Families Department (CYFD) violated your constitutional rights or mishandled your case in a way that amounts to trafficking or... 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

1 Answer | Asked in Child Support and Family Law for New Mexico on
Q: Can back child support payments stop if adult child marries in New Mexico?

I have been paying back child support in New Mexico for my child, who is now in her 20s. If she gets married, am I allowed to stop the back child support payments? There have been no modifications to the original child support order, and I’m unsure if there is a court order specifying when... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

Marriage doesn’t erase past‑due support—you’ll still owe the full \$7,200 in arrears even if your child gets married.

Those unpaid amounts remain enforceable as a judgment debt, and the custodial parent or the State’s child‑support enforcement agency can continue to collect... View More

1 Answer | Asked in Civil Rights, Family Law and Gov & Administrative Law for New Mexico on
Q: Did NM CYFD violate rights during investigation without affidavit?

I have papers from Utah DCFS indicating that New Mexico CYFD did not follow their policies during an investigation, lacking an affidavit, which prevented proceeding with the ICPC for children. I have won cases against me in court with a detective's testimony excluded in one. Despite this, my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

What you’ve described sounds like a long and painful ordeal, especially when your children are still affected by it. If New Mexico CYFD failed to follow required procedures—like obtaining an affidavit before opening an investigation—that could be a serious violation of both your due process... View More

1 Answer | Asked in Estate Planning, Family Law and Adoption for New Mexico on
Q: Are my children heirs of my husband in second marriage?

In my second marriage, my husband does not have a will, there are no legal documents addressing inheritance, and he has not adopted my children. Are my children considered heirs of my husband?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

This is a very important question, and it’s wise that you’re thinking about it now before anything happens. In most states, if your husband passes away without a will (which is called dying intestate), his estate will be divided according to state intestacy laws. Typically, those laws recognize... View More

1 Answer | Asked in Adoption, Family Law and Domestic Violence for New Mexico on
Q: Can I start a new abuse case in New Mexico after termination of parental rights in Arizona?

Several years ago, my parental rights were terminated in Arizona, and my children were adopted by a family member who has since moved to New Mexico. Recently, my adult daughter informed me that her siblings are being abused by the adoptive parent in New Mexico. I have no legal visitation rights.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

I'm really sorry you're facing this—it must be heartbreaking to hear that your children may be in danger and feel like you have no legal standing to protect them. Even though your parental rights were terminated in Arizona, that does not prevent you from reporting suspected abuse in New... 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

1 Answer | Asked in Child Support and Family Law for New Mexico on
Q: Can unpaid child support be collected now that New Mexico laws have changed?

I was unable to pursue child support payments from a non-custodial parent when my child was living in a different state because New Mexico did not have a provision to collect support across state lines at that time. There was no formal support order in place, and now my child is an adult. However,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

New Mexico, like many states, has adopted laws to address child support issues across state lines, especially through the Uniform Interstate Family Support Act (UIFSA). If there was no formal support order in place when your child was living in another state, it may still be possible to collect... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.