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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 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...
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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...
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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.

1 Answer | Asked in Family Law, Child Custody and Child Support for New Mexico on
Q: I need to respond to a motion to modify custody he's asking for full custody himself I need full custody for me

Supervised visits for him. His partner does not have custody of her son. I have had a restraining order on him.

Carlos N. Martinez
Carlos N. Martinez
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.

1 Answer | Asked in Child Custody, Family Law and Native American Law for New Mexico on
Q: Acoma Pueblo is a sovereign nation. So cyfd and Acoma Pueblo are Collaborated and cyfd took custody of my children. But

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

Scott E Beemer
Scott E Beemer
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...
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1 Answer | Asked in Child Custody and Family Law for New Mexico on
Q: How do I go about getting full custody for my son but not file for child support?

My side others oldest sons mom has been neglecting their son & pawning him off so he just wants full custody, no child support.

Carlos N. Martinez
Carlos N. Martinez
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.

1 Answer | Asked in Child Custody and Child Support for New Mexico on
Q: son's mother is threatening child support and custody against me while I'm away for 2 year at rehab program. Can she?

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?

Carlos N. Martinez
Carlos N. Martinez
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.

1 Answer | Asked in Child Custody and Child Support for New Mexico on
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

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

Carlos N. Martinez
Carlos N. Martinez
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

1 Answer | Asked in Child Custody for New Mexico on
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.

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.

Carlos N. Martinez
Carlos N. Martinez
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

1 Answer | Asked in Family Law and Child Custody for New Mexico on
Q: GAL board?

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?

Gary William Boyle
Gary William Boyle
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.

1 Answer | Asked in Family Law and Child Custody for New Mexico on
Q: Can my parents refuse keep me from moving my son out of state? They are paranoid something will happen to him

No custody agreement

Jeff Grandjean
Jeff Grandjean
answered on Dec 3, 2017

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.

1 Answer | Asked in Family Law, Child Custody and Child Support for New Mexico on
Q: there anyway that i could get full rights and child support still if father doesn't see child at all?
Jeff Grandjean
Jeff Grandjean
answered on Dec 3, 2017

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... View More

1 Answer | Asked in Child Custody and Family Law for New Mexico on
Q: what legal rights do I have for custody and visitation as a mother paying child support?

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... View More

Jeff Grandjean
Jeff Grandjean
answered on Nov 9, 2017

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.

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