Legal Question in Family Law in New Mexico
child custody
recently the mother of my son passed away.we were never married however my name is on the birth cert.the mothers parents want custody of their grandchild.however i also want custody of him to raise as my son.they are fighting for custody,however i feel he should be in my custdy as he is my son.any advice?
1 Answer from Attorneys
Re: child custody
This reply is based on California law and may be contrary to New Mexico Law.
In my experience the court will look at the following factors in determining custody
1. How much contact have you had with the child?
2. How much contact did mother's grand parents have with the child?
3. Did mother and the child live with the grand parents?
4. How bonded is the child to you?
5. How bonded is the child to the grand parents?
6. How old is the child?
7. (in California) will placing the child with the father be detrimental to the child?
8. What are the best interests of the child?