New Mexico Family Law Questions & Answers

Q: I need to respond to a motion to modify custody he's asking for full custody himself I need full custody for me

1 Answer | Asked in Family Law, Child Custody and Child Support for New Mexico on
Answered on Mar 1, 2019
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.

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

1 Answer | Asked in Family Law for New Mexico on
Answered on Mar 1, 2019
Carlos N. Martinez's answer
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.

Q: Acoma Pueblo is a sovereign nation. So cyfd and Acoma Pueblo are Collaborated and cyfd took custody of my children. But

1 Answer | Asked in Child Custody, Family Law and Native American Law for New Mexico on
Answered on Feb 28, 2019
Scott E Beemer's answer
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 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...

Q: How do I go about getting full custody for my son but not file for child support?

1 Answer | Asked in Child Custody and Family Law for New Mexico on
Answered on Feb 18, 2019
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.

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

1 Answer | Asked in Family Law for New Mexico on
Answered on Sep 7, 2018
Gary William Boyle's answer
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 20% and more than one year has passed since the Court last entered an order establishing child support. Note that the 20% applies to the amount of support rather than to the amount of either party's...

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

1 Answer | Asked in Criminal Law, Family Law, Federal Crimes and Personal Injury for New Mexico on
Answered on Dec 19, 2017
Peter N. Munsing's answer
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.

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: 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

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

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

1 Answer | Asked in Family Law and Child Support for New Mexico on
Answered on Nov 13, 2017
Jeff Grandjean's answer
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 home mom, or they could simply use full time minimum wage for you which is what is often done if someone is not working. If one of your shared children with your ex is under the age of six, the Court...

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

1 Answer | Asked in Employment Law, Family Law and Juvenile Law for New Mexico on
Answered on Oct 31, 2017
Trent A. Howell's answer
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 employment agreement with the child is voidable as a matter of law, and (b) the parent of the child holds the power to sue on behalf of the child. So there are reasons an employer may honor a parent's...

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

1 Answer | Asked in Real Estate Law, Family Law, Elder Law and Probate for New Mexico on
Answered on Oct 24, 2017
Inna Fershteyn's answer
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

Brooklyn, NY 11235

tel: 718-333-2394

fax: 718-701-8859

www.BrooklynTrustandWill.com

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

1 Answer | Asked in Family Law for New Mexico on
Answered on May 15, 2017
Gary William Boyle's answer
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 provide the Court with the facts that the Court would require to determine child support. That would include both parties' incomes and the amount of any of the child's special expenses that are...

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: Hello, my wife left with my children and is refusing to allow visitation. What are my rights currently in New Mexico?

1 Answer | Asked in Family Law for New Mexico on
Answered on Apr 28, 2017
Gary William Boyle's answer
You would have to file a divorce action and ask the Court to allow you time with the children. If the Court issues an order regarding visitation, both of you would have to obey the order or risk being punished by 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.