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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102356
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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In the state of new mexico, what paperwork do I need to fill

Customer Question

In the state of new mexico, what paperwork do I need to fill out and submit to the courts in order to get joint custody of my sister with her grandma. Her grandma has adopted her and we are trying to figure out how I can get joint custody of her and what paperwork I need to fill out.
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature. 1) What COUNTY is this in?2) Does your grandma agree with your request, or not?3) Are you seeking custody or just visitation?This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 2 years ago.
This is in roosevelt county, and yes she lives with me and my sister and she is fully cooperating with me on this in the best interest of my sister. I am seeking custody, and or guardianship. I'm not sure if the two are different
Expert:  Ely replied 2 years ago.
Custody means actual, legal possession and the right to act in the child's interest.
Guardianship is also known as kinship in NM, and means something different - see here. What you may be meaning here is formal kinship care.
Which are you seeking?
Customer: replied 2 years ago.
Custody then
Expert:  Ely replied 2 years ago.
Thank you.This would be a Petition to Determine Custody. This would be a joint pleading in that the grandmother would sign off on it. Unfortunately, I cannot find an example for one from NM. The best I can do is HERE where a pleading contains much the same verbiage but the situation is a bit different. However the instructions are helpful for any custody filing. Someone in your situation may wish to go to the local law library and it may have a copy of such a pleading.I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

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