Carlos N. Martinez's answer 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.
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 Indian Child Welfare Act (ICWA). As a result of the July 2015 Tribal State Leaders Summit in New Mexico, CYFD begin the process of communication and collaboration with the following tribes: Pueblo and...
Carlos N. Martinez's answer 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.
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.
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.
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.
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.
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.
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.
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.
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.
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...
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.
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
Peter N. 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.
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.
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