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New Mexico Family Law Questions & Answers
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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