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New Mexico Family Law Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for New Mexico on
Q: My kids dad is trying to get Custody of my 6 kids to were I only have visiting rights to my kids..

He recently made a report on me through cyfd.. I'm not an unfit parent I had my kids since the day they where born.. my problem is stress cause the father has not help raise or support our kids. I been raising and supporting them on my own for two years.. he's been out of jail for 8 or so months... Read more »

Gary William Boyle
Gary William Boyle answered on May 11, 2017

I strongly recommend that you retain qualified counsel.

1 Answer | Asked in Family Law for New Mexico on
Q: Hello, my wife left with my children and is refusing to allow visitation. What are my rights currently in New Mexico?

My wife of 18 years and I have been quarelling for sometime. She has taken the children to their grandmother's house and will not allow me to see them. It has been 5 days now.

Gary William Boyle
Gary William Boyle answered on Apr 28, 2017

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.

1 Answer | Asked in Family Law for New Mexico on
Q: If I am married for 9.5 yrs am I entitled to half of my spouses military retirement
Gary William Boyle
Gary William Boyle answered on Apr 28, 2017

No. You would be entitled to 23.75% of your spouse's post-retirement military pay assuming that your spouse retires after exactly 20 years of service. The government will not pay your portion directly to you unless you are married for 10 years but the Court can direct that your spouse pay you... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for New Mexico on
Q: Hi my question is: How do I go about having custody of my son 50/50?

My sons mother has full custody and I want to know how to get him 50/50. We already went to court and all she requested was money. She doesn't want him to have my last name and she said I have never given her money since he was born. She was 14 and I was 16 when we had him. We lived with my parents... Read more »

Gary William Boyle
Gary William Boyle answered on Apr 28, 2017

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.

1 Answer | Asked in Family Law for New Mexico on
Q: What does "...the other parent shall cooperate in obtaining the same" mean? (see more information) Thank you!

Our stipulating order has a paragraph that states "If either parent requests a passport for the minor child, the other parent shall cooperate in obtaining the same." What does this mean? Specifically the words "obtaining the same". I want to give the other parent the paperwork for them to fill out... Read more »

Gary William Boyle
Gary William Boyle answered on Apr 28, 2017

The statement means that the other parent would be obliged to cooperate in filling out the paperwork. It does not say anything about who would keep possession of the passport. That would have to be determined by the Court.

1 Answer | Asked in Family Law and Probate for New Mexico on
Q: My mom is on life support in new Mexico and i live in Arizona Is there a way to establish p.o.a. from over state lines?

I understand a notary is not needed to provide me with medical poa just her signature. What do i do if she passes before poa is established?

I am the youngest son of two.

Ben F Meek III
Ben F Meek III answered on Feb 25, 2017

If your mom is occasionally lucid and mentally competent, should could possibly grant power of attorney. If she's not, such will not be possible. POAs typically require two witnesses and a notary. And even a Durable POA terminates upon her death. So, what is it you need the POA for? If it is to... Read more »

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

I have a three year old and a four month old me and my ex were together for six years but never married most of the relationship he was getting high now he is threatening to take my kids what could happen if he does try

Brian Lehman
Brian Lehman answered on Feb 25, 2017

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

1 Answer | Asked in Divorce and Family Law for New Mexico on
Q: If I am pregnant can we still continue divorce?

We both have significant others. And have been separated 8 months and having pending court dates.

Santo Artusa Jr.
Santo Artusa Jr. answered on Jan 24, 2017

Yes, you can still proceed with a divorce if pregnant.

1 Answer | Asked in Family Law and Child Custody for New Mexico on
Q: Constitutionally under the 14th ammendment can the courts take my kids away from me
Marshall Jason Ray
Marshall Jason Ray answered on Jun 29, 2016

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... Read more »

1 Answer | Asked in Family Law for New Mexico on
Q: how can we file to have our case against cyfd of new mexico moved to federal court

cyfd in new mexico is terminating parental rights appointed attorney will not do anything we have no money to hire an attorney

Marshall Jason Ray
Marshall Jason Ray answered on May 7, 2016

This is a very difficult situation. Generally, you cannot remove this type of case to federal court. In some rare instances, families or individuals facing termination of parental rights have brought federal court civil rights lawsuits, but not typically with success. It is not possible to fully... Read more »

1 Answer | Asked in Elder Law, Estate Planning and Family Law for New Mexico on
Q: My father married a woman they have been married 5 years. 2years into the marriage he was diagnosed with dementia.

I am 53 an only child and I believe she manipulated my father into changing his entire estate into her name. He had a revocable living trust. Can I reverse this, they did not advise the attorney at the time that he had dementia. The attorney said he appeared to be in his right mind. Which his mind... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 1, 2016

You probably can petition to challenge his revocation of the trust, claiming that he lacked the mental capacity to do so. Was he the trustee as well as the trustor?

1 Answer | Asked in Family Law for New Mexico on
Q: Does The BIOLOGICAL Mother Have The Right To Change A Minor Child's Last Name If Someone Else Has LEGAL custody?

Biological grandparents have had Kinship Guradianship for almost 5 years

Jeff Grandjean
Jeff Grandjean answered on Feb 12, 2016

She would need to petition the court to change the child's name, and the judge in that case would more than likely inquire as to who has legal custody, and would then want those parties input into the name change. Keep in mind, this answer is based on the limited information you have provided, for... Read more »

1 Answer | Asked in Family Law for New Mexico on
Q: I have had my daughter for 2 yrs and going for custody and now the mom says im not the dad is there a cut off time limit

the mother told me I was the father i was with her thru the pregnancy/birth I had no doubts she is mine I signed the birth certificate with no doubts we lived together for a year with child we broke up cause mo was using drugs a month later the I had a drug test done on the child and she tested... Read more »

Jeff Grandjean
Jeff Grandjean answered on Feb 12, 2016

Assuming that you and mother signed a valid acknowledgement of paternity, which in all likelihood you did if you were placed on the birth certificate, then no she cannot challenge it now. Keep in mind though, this answer is based on the limited information you have provided, you should still make... Read more »

1 Answer | Asked in Divorce and Family Law for New Mexico on
Q: My husband divorced me for five months. We have been together a total of ten years. Does the 5months matter legally?

Matter as in length of time married for alimony, settlement, SS etc..

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 6, 2015

Divorces are permanent. They don't last for only 5 months, unless the parties subsequently re-marry.

Assuming that's what you mean, for purposes of a new, second divorce, the length of the second marriage is what would matter.

1 Answer | Asked in Family Law for New Mexico on
Q: Unclaimed child support funds

Recently received a call from an attorney generals office in Texas ( i reside in NM) where my father lives, looking for my estranged mother in regards to unclaimed child support funds. My mother is currently incarcerated and we are not on speaking terms. My two siblings and I are in our late 30's &... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 23, 2015

The money should go to your mother, minus whatever the state takes to compensate it for public assistance.

1 Answer | Asked in Family Law for New Mexico on
Q: What laws apply to a 22 year relationship, not married, but are buying property together; and want to split up?

For the last 11 years, I have been disabled, and cannot work outside the home. He has supported us financially since then. Do I need an attorney? Do I qualify for free legal assistance? I have been told that there is no common law marriage in NM. I don't want to lose my home, or my car, etc. I... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 13, 2015

You need to go see a local attorney about this. Perhaps legal aid in your community can help you.

1 Answer | Asked in Family Law for New Mexico on
Q: What paper work do I need to reopen a divorce case and redo the parent plan?
Parrish Collins
Parrish Collins answered on Apr 19, 2013

You would need to file a Motion to Modify the Parenting Plan. You would also file a SCRA with the Motion with a filing fee if the case has been inactive long enough for the clerk to close the file. To read more on New Mexico Parenting Plans, go... Read more »

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