Legal Question in Family Law in New Mexico

I recently had an accidental overdose at my house and the ambulance was called police showed up the whole nine yards after I was released from the hospital I was told by my in laws cyfd showed up at the house wanting to talk to me and my fiance we have two kids in the home I've been clean for the last two years and had a relapse which lead to my overdose nobody knew what I was up to until it was to late this whole thing has scarred me straight and I do have mental issues that I am currently seeking help for to get back on my medication so I don't mess up again and can function as a normal human being we called and left a message but we have not heard anything back yet and I am worried on what is going to happen I need advice on what to do and expect please help I reside in new mexico.


Asked on 3/08/14, 6:00 pm

1 Answer from Attorneys

George Chandler Chandler Law of Los Alamos

CYFD was probably called by the police when they discovered the kids in the house. Depending on what they observed, they may do an investigation to determine if the home is safe for the kids. If they determine the home is not safe, or that there has been abuse and neglect of the children, they have the authority to snatch the kids and place them in with relatives or a foster home while they determine whether or not to file a petition to seek custody in one or more custody hearings. If a petition is filed an attorney will be appointed for the parent(s) or other custodians .

They have options short of seeking custody including requiring you to participate in various in-home services such as counseling.

If you have relatives such as your parents, siblings, or grandparents who might be willing to take the children you should be ready to inform CYFD because they are supposed to place the children preferentially with relatives if they take them from the home.

If you have not heard from CYFD for a while it is probable that they assigned your case a low priority meaning it does not seem too threatening to the kids - a good sign. Eventually you should get a form from them with a finding that the report was or was not substantiated. If you know the name of the investigator you can call the CYFD office an Albuquerque and ask the person to contact you, but they may not give you much info - they're pretty swamped right now.

it will help you a lot if you're in some kind of counseling or rehabilitation. keep relapsing and you're likely to lose your kids and a lot more besides.

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Answered on 3/09/14, 6:07 pm


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