Legal Question in Family Law in New Mexico

help for change in time share

time share custody was agreed to feb/02. she got 9 days, i got 5 in 14 day per. guardian ad litem was appointed to protect ''child's best interest'' due to parents disharmony. agreement stated after 9 months G.A.L. could revisit timeshare. in nov/02 i requested of G.A.L. change TO 50/50. son (11yrs) also requested twice direct to G.A.L. in nov/02. G.A.L. did home visit at both residences. (both good) no replies from G.A.L. in jan. feb. mar. in april he calls and states he needs to talk to the original evaluator, Mr.XXXXXX. (mr.xxxxxx was not the evaluator!) and i had to tell him who it was. (it is now been 9 mos. since he was appointed) he keeps stalling. i find out he was appointed to a judgeship and ask him to make decesion before he leaves. he promises decesion before he leaves. find an ORDER in June/03 showing his withdrawl. nothing has been done. and what is even worse is that i had to file for bankruptcy due to this divorce and thinking the custody battle was over. where should i go from here? my son thought this was over also.


Asked on 6/11/03, 6:05 pm

1 Answer from Attorneys
John Watson John Watson, Attorney at Law

Re: help for change in time share

This question is quite complicated. I would suggest one or two courses of action. First, if the GAL is an attorney you may want to write to the Disciplinary Board and register this question as a complaint. I am not certain that ethical rules have been violated here but this sounds like it is on the border. I understand that your ability to fully explain the matter on this bulletin board is limited and that is why I suggest the Disciplinary Board as one way to address this issue. The Disciplinary Board can ask the GAL (provided he is an attorney) to explain more clearly what has happened here.

Second, you could hire an attorney to bring this matter to the court on your behalf. This would probably bring more quick action for you and your son and it would also get a new GAL appointed if your old one has to leave anyway. The attorney could also more clearly advise you on whether he or she believes the GAL has made an ethical violation.

Good luck.

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Answered on 6/17/03, 12:01 pm


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