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New Mexico Family Law Questions & Answers

1 Answer | Asked in Family Law for New Mexico on

Q: my daughter is nearly 15 and wants to change her last name to her step-fathers. can her father object?

her father and I are amicable but he would never allow it if he can object. but everything i've read says since she's over the age of 14, she can petition the court to change her name. part of it is her relationship with her father, but mostly his last name is weird and pronounced weirdly and she'd... Read more »

Don F. Harris answered on Jun 6, 2019

The parents of a minor child have to be notified of a name change in New Mexico, and her dad can object. He may not bother, or the judge very well may overrule his objection if the child's reasoning is sound.

2 Answers | Asked in Family Law and Divorce for New Mexico on

Q: I am married contemplating divorce. What are my rights as far as receiving any pension, social security benefits, etc.

My husband lives and works in Germany where he has been for the last 10+ years. I lived in our home in Austin, Texas up until June 2017 when I moved to Santa Fe. We still own the home in Austin, with tenants. We have one grown child.

We are trying to figure out how best to divide... Read more »

Gary William Boyle answered on May 22, 2019

The answer to your question will depend on counsel gaining a thorough understanding of all of the complicated facts associated with your situation. There are, however, some general concepts that may be helpful.

1. All of the assets you acquired during the marriage (except those acquired...
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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 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 Family Law for New Mexico on

Q: My question is how do I know my rights as a father after after a leabe of absence leaving the state of nm for over two

My ex-fiance / children's mother and my two boys still reside in santa Fe. I'm in Minnesota now with family however I have to at least try to get my parental rights back. As she was the direct reason I had to leave and same for not returning.? Plz help me make a decision??

Carlos N. Martinez answered on Mar 1, 2019

In New Mexico, you are presumed to have joint legal custody rights to your kids unless there is a court order stating otherwise. If there is no case currently pending, then you should file a parentage and custody case immediately to protect your parental rights, and to establish your visitation.

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... Read more »

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...
Read more »

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 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 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 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 for New Mexico on

Q: What is the 20 percent increase rule and if they make a under 20 percent raise is it ordered to be adjusted.

If its a 18 percent raise when will it be calculated into support if at all?

Gary William Boyle answered on Sep 7, 2018

I assume you are referring to rules regarding modification of child support. Child support can be modified when a party can demonstrate a significant change in circumstances. The statutes provide that there is a significant change in circumstances when the amount of child support has changed by... Read more »

1 Answer | Asked in Criminal Law, Family Law, Federal Crimes and Personal Injury for New Mexico on

Q: Can I do anything legally against my mom, who abused me for 7yrs in NM. It ended when my dad began raising me on his own

My Mom was very neglectful & abusive. Both Physically and emotionally. All of This happened to me between ages 7-14. She was neglectful and abusive to her other 5children as well. She provided them drugs and Alchohol when they were only between the ages of 11-15. She specifically picked out her... Read more »

Peter N. Munsing answered on Dec 19, 2017

You can file criminal charges. You can sue her civilly but that will cost money and unless she has a lot I don't see it as doing anything except frustrating you.

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 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 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... Read more »

1 Answer | Asked in Family Law for New Mexico on

Q: My child's father dies not pay child support and hasn't been in his life for more than 3 years and now is claiming he

Put some kind of restriction so i can't take my son out of state can he do that?

Jeff Grandjean answered on Dec 3, 2017

It is possible but he would likely have to go to court to do so. I would recommend contacting an attorney to discuss your options and to review the court docket to see if anything has been filed. Please feel free to contact myself or any other attorney on Justia if you want.

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

Q: I'm a stay at home mom. How will this affect the child support for my son?

I have been divorced for four years and have been working that entire time. Recently I moved across the state with my SO and I am now a stay at home mom. We are not married yet. My ex husband has not been paying child support for some time and I want to take it to court. I would like to know how my... Read more »

Jeff Grandjean answered on Nov 13, 2017

In New Mexico no one's income counts towards child support except for the actual parents, so your new partner's income would not count, even if you got married. As for your income, the court could do one of a number of things, they could use your old income since you voluntarily became a stay at... Read 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 more to that.... Read more »

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.

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

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

I need help removing my child from grandmother residence and need advise on how i would do that i was ordered to pay child support a year ago and have made all current payments my childs mother died nov. 24,2017 her mother is refusing me my child and wont give her to me for no apparent reason i can... Read more »

Jeff Grandjean answered on Nov 9, 2017

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... Read more »

1 Answer | Asked in Employment Law, Family Law and Juvenile Law for New Mexico on

Q: My child is 16 and working at McDonalds... as his parent can I request to see his work schedule?

I would like to know what rights as the parent I have when my child, who is 16, is working.

Trent A. Howell answered on Oct 31, 2017

This is a great question. In general, child laborers 16 and over are not subject to special "work permit" (and associated approval and record) requirements in New Mexico. See, e.g., NM Stat § 50-6-2 (2007). However, because a 16 year old is still a "minor" under New Mexico law, (a) any... Read more »

1 Answer | Asked in Real Estate Law, Family Law, Elder Law and Probate for New Mexico on

Q: Cared4 Grandma & Down Syndrome Uncle.Grandma passed.Aunts took Uncle,want house. Its willed2 me When uncle dies.what now

Uncle being disabled I became his state paid caregiver after grandma got too old to do it anymore. The house is his, now that Grandma's passed. The house is where grandma raised me and my Uncle. But my Aunts who have my Uncle now don't know "what to do about the house"? When my Uncle passes on... Read more »

Inna Fershteyn answered on Oct 24, 2017

It's not a family law it's a probate question. What does a will say? You need estate lawyer consultation. If there is no will Intestate succession laws govern

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400...
Read more »

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

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

i am paying child support and have been since april. his mother and i were together at the time and we saw eachother frequently. now that were not together any more she is only allowing me to see my son for 3 hours 3 days out of the month like the court order says, but was set in my absence as i... Read more »

Gary William Boyle answered on Aug 3, 2017

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.

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

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

The biological father of my stepson who has never once paid for any of his living expenses is threatening to take his mother to court and get custody of our son. She has always tried to be civil and never kept pour son away from him or his side of the family but since I've come along he (biological... Read more »

Gary William Boyle answered on May 21, 2017

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... Read more »

1 Answer | Asked in Family Law for New Mexico on

Q: How do I stop perusing child support? We have came to an agreement on the issue, it hasnt gone to court. Thanks Jennifer

Gary William Boyle answered on May 15, 2017

You should get the Court's approval before you change child support payments. If you agree on the new child support amount, you can submit a stipulated order to the Court. You will both need to sign the stipulated order and the order should provide for the new child support amount and should... Read more »

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