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I have a closed parentage plan of joint custody for my

Hello! I have a...

Hello! I have a closed parentage plan of joint custody for my daughter. It has been closed one year. However i am needing to file for full custody due to circumstances that I feel she is unsafe with him, I know he wont agree. I cant afford a lawyer, yet I don't qualify for free or lost cost services. Any general guidelines?

Lawyer's Assistant: Family law varies by state. What state are you in?

New Mexico

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am worried she may be harmed by his neglect, not sure if that qualifies as a form of abuse or domestic violence

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11/13/2017
RobertJDFL
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Category: Family Law
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Good evening,

There are forms you can file yourself. As an example, this is from the Second Judicial Court of New Mexico. Since you know that he will not agree, you will want to file a Motion To Modify Previous Decree, Judgment And Order (parties do not agree). The first page I linked you to also has motion instructions. You'll need to file the motion (which is pretty self explanatory - basically "The initial Order made on this date said this, I want __________ provision changed because of __________"). It will need to be filed and served, and there will have to be a hearing on the matter. You can also file an Affidavit of Indigency if you cannot afford the filing fees.

As the moving party, you will have the burden of proving that since the original Order there has been a change of circumstances that necessitates the change and that it is in the best interest of your daughter. At the hearing, you'll want to have any evidence with you. The court will hear from both of you and then make a decision (not necessarily at the hearing, it may come later in a new written Order).

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