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No custody agreement
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.
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 
Put some kind of restriction so i can't take my son out of state can he do that?
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.
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... View More
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... View More
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
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.
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... View More
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... View More
I would like to know what rights as the parent I have when my child, who is 16, is working.
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... View More
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... View More
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,... View More
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... View More
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.
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... View More
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... View More
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... View More
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... View More
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.
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.
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... View More
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... View More
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.
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... View More
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.
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.
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... View More
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
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
We both have significant others. And have been separated 8 months and having pending court dates.
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... View More
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