Get free answers to your Child Custody legal questions from lawyers in your area.
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 
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
Lawyers, want to be a Justia Connect Pro too? Learn 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
Lawyers, want to be a Justia Connect Pro too? Learn 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
Lawyers, want to be a Justia Connect Pro too? Learn 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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn 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
Lawyers, want to be a Justia Connect Pro too? Learn 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.
Supervised visits for him. His partner does not have custody of her son. I have had a restraining order on him.
answered on Mar 1, 2019
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... View More
answered on Feb 28, 2019
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... View More
My side others oldest sons mom has been neglecting their son & pawning him off so he just wants full custody, no child support.
answered on Feb 18, 2019
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?
answered on Feb 4, 2019
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
answered on Feb 4, 2019
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... View 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.
answered on Feb 4, 2019
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... View 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?
answered on Sep 21, 2018
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.
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.
