Legal Question in Family Law in New Mexico

Re: Adoption / Divorce Defrauding the Court

There are two main factors at work here. First off the child is now as if he were your biological child, subject to all the rules of child custody determination in a divorce. You should have reported the domestic violence at the time it occurred (I hope you did but if you didn't it may not be too late) and get a protective order when you file for divorce to keep the turkey at bay.

The only thing turkey can do about the adoption is get the adoption decree set aside under Rule 60, which allows for setting aside a judgment if it was fraudulent, or other kinds of enumerated mistakes were made. To do that he has to show a fraud was committed. What was the fraud? He seems to be wanting to claim you defrauded the court by not revealing that you were contemplating divorce. But you tell the judge that you were coerced/intimidated by threats made by him into not testifying that turkey was not fit to be a parent. The judge may set aside the decree, but that's not going to get turkey the kid. In the unlikely event the decree is set aside you may be able to get a single-parent adoption or pursue other options to get the kid. But the judge isn't going to give your child to turkey after he hears this testimony.

So explain this to turkey's lawyer - you're charging turkey with domestic violence and getting an order of protection (often called a restraining order, though technically different), and you want a divorce and primary physical custody and child support, now, if he doesn't want to see that happen.

And get a lawyer. Call Law Access New Mexico to help you (free) with filing the divorce papers - I have to give you phone number in code: five oh five nine nine eight four five two nine.

Good luck