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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7451
Experience:  Experienced Family Law Attorney
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I have a question about my son's custody. I pay child

Customer Question

HI my name is***** have a question about my son's custody. I pay child support and help out with additional needs such as clothing and transportation. However I am no allowed to see my son as I would like. What are my options in obtaining legal rights
over my child?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

Is there a court order in effect at this point?

Customer: replied 1 year ago.
no . I'm filling one right one
Expert:  LegalGems replied 1 year ago.

A few minutes please

Expert:  LegalGems replied 1 year ago.

Has paternity been established?

Customer: replied 1 year ago.
Not yet the mother didn't tell me about my child until after he was born, we had an arrangement since I'm paying child support and helping out. I never proceeded to get a paternity test. At the time I didn't think I needed one.
Expert:  LegalGems replied 1 year ago.

I see. Thank you for that information. In most states, including NM, a bio father does not have rights until certain actions are taken. The mother is the legal custodian of the child until the father establishes paternity; similarly the father has no obligation to pay child support until paternity is established. http://www.lawhelpnewmexico.org/content/paternity-0. Once paternity is esablsihed, the courts will determine custody and visitation based on the "best interests" of the child. Basically the court will try to determine what living arrangement is best suited for the child's needs. If both parents express an interet in raising the child, the court will typically award a 50/50 custody division, provided that both parents are able to provide a stable and nurturing family. This requires filing a paternity action and/or a stipulation where the parents agree as to the best custodial arrangement

Expert:  LegalGems replied 1 year ago.

Please note: if there is no order for child support, the father typically is paying this voluntarily and it is difficult to get credit for past payments. The mother typically cannot get back child support, prior to the date of the filing of the request for child support. However, this does vary by jurisdiction. Similarly, paying child support in and of itself does not confer custody/visitation rights on a bio father

Expert:  LegalGems replied 1 year ago.

This is typically an additional service; but I would like to include the following sample forms good for certain NM jurisdictions to establish paternity and custody/visitation: https://firstdistrictcourt.nmcourts.gov/Forms/pdf/paternity%20with%20one%20child%20part%20II.pdf

Customer: replied 1 year ago.
Thank you for that information I appreciate it. I Also have another question. My son does not live with his mother he actually lives with the mothers parents. My son does not have a stable environment with her. So therefore anytime I am allowed to see my son I have to communicate with my sons grandmother. Agreements are made and then they break any agreements, It;s difficult to communicate with them. Ny son is now 6 and I still cannot have my son with me overnight. what do you recommend?
Customer: replied 1 year ago.
I wonder if it is possible to get 50/50 custody.
Expert:  LegalGems replied 1 year ago.

We can't give actual legal advice; we can only give information because we aren't personal attorneys. But the court looks to the best interests of the child. If a parent (bio parent) is able to provide a safe environment that is often preferred over a third party arrangement, but it really comes down to what the court deems is in the child's best interest

Expert:  LegalGems replied 1 year ago.

One thing that is favorable to a bio parent: is a third party's reluctance to encourage the child's relationship with that parent, absent good cause. As most courts will consider "parental alienation" without cause as a negative factor.

Expert:  LegalGems replied 1 year ago.

Lastly most courts will prefer that both parents have an ongoing and continuous relationships with the child, unless there is a reason not to. 50/50 custody is very common, more so than 3rd party custody. I hope this helps!

Customer: replied 1 year ago.
i understand. and as far as paper work and court advice. should I proceed with a lawyer.
Expert:  LegalGems replied 1 year ago.

Whenever there is a custody dispute and one can afford an attorney, it is best to hire one, as often times these issues become contentious and the manner in which paperwork is presented (ie declarations/affidavits etc) are presented can have a great impact, as the judge will often determine a case based on the documents presented.

Expert:  LegalGems replied 1 year ago.

You can google "non profit" "legal clinic" "child custody" in your county to see if there are any low/no cost clinics that will assist in the preparation of the documents (most will not present the case in court but will only review documents). Also check with your local law schools as they also typically have legal clinics. This can save one substantially in legal fees. Then you can hire a "limited scope attorney" to appear on your behalf as opposed to paying him/her to prepare the paperwork.

Expert:  LegalGems replied 1 year ago.

Here is a link to locate an attorney:
http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm

Should you have further questions please post here to continue our dialogue. Otherwise,

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