New Mexico Child Custody Questions & Answers

Q: son's mother is threatening child support and custody against me while I'm away for 2 year at rehab program. Can she?

1 Answer | Asked in Child Custody and Child Support for New Mexico on
Answered on Feb 4, 2019
Carlos N. Martinez's answer
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.

Q: I have custody of my daughter have since she born. Her dads what's costody to get out paying CS will get get ot

1 Answer | Asked in Child Custody and Child Support for New Mexico on
Answered on Feb 4, 2019
Carlos N. Martinez's answer
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 custody and timeshare arrangement should occur.

Q: Is there any way as a mother I can regain custody of my son? I have had the hardest time regaining custody on my own.

1 Answer | Asked in Child Custody for New Mexico on
Answered on Feb 4, 2019
Carlos N. Martinez's answer
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 any instances of abuse, whether you are in the family law court or in the Children's court.

Q: GAL board?

1 Answer | Asked in Family Law and Child Custody for New Mexico on
Answered on Sep 21, 2018
Gary William Boyle's answer
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.

Q: Can my parents refuse keep me from moving my son out of state? They are paranoid something will happen to him

1 Answer | Asked in Family Law and Child Custody for New Mexico on
Answered on Dec 3, 2017
Jeff Grandjean's answer
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.

Q: there anyway that i could get full rights and child support still if father doesn't see child at all?

1 Answer | Asked in Family Law, Child Custody and Child Support for New Mexico on
Answered on Dec 3, 2017
Jeff Grandjean's answer
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 options. Please feel free to contact me or another attorney on Justia.

Q: what legal rights do I have for custody and visitation as a mother paying child support?

1 Answer | Asked in Child Custody and Family Law for New Mexico on
Answered on Nov 9, 2017
Jeff Grandjean's answer
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.

Q: The mother of my child is recently deceased she died in new mexico without a will her parent has my child and refuses me

1 Answer | Asked in Child Custody and Family Law for New Mexico on
Answered on Nov 9, 2017
Jeff Grandjean's answer
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 New Mexico to discuss your options.

Q: my visitation was set 4 years ago when my child was an infant. how do i go about revising my visitation schedule?

1 Answer | Asked in Child Custody, Child Support and Family Law for New Mexico on
Answered on Aug 3, 2017
Gary William Boyle's answer
To change the terms on which you can see your son, you will have to file a motion to modify custody with the Court. You should describe in the motion what circumstances have changed. The Court may hear your motion or refer you for other services first.

Q: Single working mom for 8 years. Biological dad never paid any child support threatens to take child away.

1 Answer | Asked in Child Custody, Child Support and Family Law for New Mexico on
Answered on May 21, 2017
Gary William Boyle's answer
The issues of child support and physical custody are separate issues. The child's father has an obligation to provide support for the child. The child's mother can go to court and request child support any time. The Court will award child support based on the parents' income and the worksheet generated by the statutes. The Court will award past child support as well.

If either party asks the Court to get involved in custody issues, the Court's job would be to determine what custody...

Q: My kids dad is trying to get Custody of my 6 kids to were I only have visiting rights to my kids..

1 Answer | Asked in Child Custody, Child Support and Family Law for New Mexico on
Answered on May 11, 2017
Gary William Boyle's answer
I strongly recommend that you retain qualified counsel.

Q: Hi my question is: How do I go about having custody of my son 50/50?

1 Answer | Asked in Child Custody, Child Support and Family Law for New Mexico on
Answered on Apr 28, 2017
Gary William Boyle's answer
You would have to file a motion with the Court asking the Court to award you time with your child. The Court will take into account everything that is relevant.

Q: My ex is from mexico no social or state id and is trying to take my girls from me can she do that w/o being a us citizen

1 Answer | Asked in Immigration Law and Child Custody for New Mexico on
Answered on Mar 26, 2017
Kyndra Mulder's answer
Immigration status has no bearing on parental rights. She can however be ordered not to take the children out of the state and specially the country. I suggest you contact a family law attorney.

Q: My ex is tryin to take my kids. He ain't on birth certificates what could happen if he does try to take them

1 Answer | Asked in Family Law and Child Custody for New Mexico on
Answered on Feb 25, 2017
Brian Lehman's answer
The court could issue a wide range of orders that determine custody. You should consult with a family lawyer in your area. Here is a list: https://www.justia.com/lawyers/family-law/new-mexico/hobbs

Q: I have switched school districts and am refusing to abide by child custody agreement

1 Answer | Asked in Child Custody for New Mexico on
Answered on Feb 8, 2017
Peter Munsing's answer
You need to go for a modification of your custody agreement and if there are to be visits they should be supervised. But you get a court order immediately, not later. Courts don't like people taking the law into their hands.Also, not clear why you had to switch school districts.

Q: Constitutionally under the 14th ammendment can the courts take my kids away from me

1 Answer | Asked in Family Law and Child Custody for New Mexico on
Answered on Jun 29, 2016
Marshall Jason Ray's answer
The general short answer is yes, Courts may, under certain circumstances, order the removal of children and the termination of parental rights. To determine whether your rights were violated or whether you have any options to challenge the court action in your specific situation, you would need to sit down to discuss your case in detail and in private with a local attorney.

Q: I am looking to gain custody of my younger brother from an abusive father and a neglective mother who are divorcing

1 Answer | Asked in Child Custody for New Mexico on
Answered on Jul 25, 2013
Robert Jason De Groot's answer
The best thing for you to do is have a consultation with a family attorney in your area.

Q: Can I request a different Judge in my custody case if feel that he is not being fair and impartial?

1 Answer | Asked in Child Custody for New Mexico on
Answered on Jan 18, 2011
Mr. David Thomas Pisarra's answer
Parties to a case have a right to a fair and impartial judge - if you have reason to believe this judge wont be fair you have a right to request a change. However, usually it must be done within a very short time frame FROM THE BEGINNING of the case. In most cases it is under a month to "paper" a judge.

Good luck.

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