Legal Question in Family Law in New Mexico

child visitation after father abandoned child

I have a nine year old son whose father I never married. In 06 we established paternity and received an order for child support. We also went to mediation and agreed on a parenting plan with visitation being every other weekend. He only follwed the plan for about a month and never called wrote or saw him again. Now, seven years later I recevied a letter demanding visitation and our sons medical history. Do I have to allow him to see our son, and what are the laws on child abandonment?


Asked on 6/12/08, 12:56 pm

1 Answer from Attorneys
George Chandler Chandler Law of Los Alamos

Re: child visitation after father abandoned child

First you want to ask him for the child support arrearages. Tell him how much he owes you and demand payment. If he doesn't pay then you go to court and ask for relief. You can get the court to attach his wages and put liens on his property. They can find him in contempt and jail him. If you have been on state assistance of any kind CSED can help you with this.

Courts tend to treat support and custody/visitation separately, but his failure to pay suppoprt will be taken into account when considering visitation.

Your question about abandonment: abandonment is a ground for termination of parental rights, which you may be able to get done. Although if he's back and persuades the Judge he wants to participate in the child's life the court may allow it because abandonment is based on what the Judge sees in the future. It's a judgement deal for the court but you've got a shot at it. You ought to get a lawyer to navigate this thicket.

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Answered on 6/12/08, 7:34 pm


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