Legal Question in Family Law in New Mexico

My boyfriends son is 7. His mom left when he was 2. Until now, there has been no calls, letters or visits from her. Now she is demanding that my boyfriend let her son call her. There has never been a custody hearing. What are my boyfriends rights and that of the biological mother?


Asked on 2/11/10, 12:34 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

This is a 'normal' type of case handled by a family lawyer. The father could file a legal action entitled petition to determine paternity, custody and child support. Those are the three things that he will be asking the court to do. Establish that he is the father; award primary legal and physical custody to him and order the mother to pay support. Because the mother has not seen the child for 5 years, and depending on the circumstances (i.e., facts of the case) she will have to be 're-introduced' to the child. This is not a thing that happens overnight. It is more gradual and she will have to convince the court that she is not going to disappear again for another 5 years. That might be more harmful for the child. Your boyfriend should seek to hire a local attorney or call law access new mexico to see if they can offer the substantial legal help he will need.

Good Luck

Law Guru

Read more
Answered on 2/16/10, 1:11 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Mexico