Legal Question in Family Law in New Mexico
Child visitations
I am divorced and have full legal custody of my three children. I have dropped child support from the absent father due to lack of providing it and also it starting out at 260.00 and he started sending just 90.00 which is allotted to the childeren since their father is a veteran. The check was always sent directly to him and after a while he never sent it . I would like to know where I stand, and will he be given visitation rights with no vehicle, no drivers liscense, in the rear for child support, no job and being through rehab centers approx 5 times. The judge did state that all the rears had to be paid up to date before visitations can begin in our last hearing. Is there a chance for this to be overturned. And i am in the process of moving and getting married is this going to play a factor in her decision, and can I legally move the children. This man has pulled me into court numerous times is there anything I can do about this. Flile a suit against him?
2 Answers from Attorneys
Re: Child visitations
You can start a contempt proceeding against him for failure to pay child support. If successful, the court could order him to pay the arrears under threat of jail, and you can get an order to withold payment from his paycheck or military pension. If you are on state assistance the Children Youth and Families Department - Child Support Enforcement Division can do this for you. I don't recognize your zip code but there are excellent forms on line for pro se litigants (representing yourself) in the first (Santa Fe) and second (Bernalillo County - Albuquerque) Judicial Districts. Go to nmcourts.com.
In general, failure to pay child support is not considered grounds to block visitation - although it sounds as if the court may have ignored this. However if there are issues about his behavior (for example drug use or domestic violence) that could be considered dangerous to the children you can ask the court to order that visitation be supervised - you would take the children to a neutral place where he could visit under the supervision of a professional counsellor. This is expensive but court could require him to pay for it.
I would have to see your parenting plan to determine if you can move the children without his approval or approval of the court. There's usually no problem moving them within your Judicial District but if you are leaving the state or moving into another Judicial District you may need court approval. If you have any kind of joint custody then in general it requires his agreement or court approval.
Re: Child visitations
You can start a contempt proceeding against him for failure to pay child support. If successful, the court could order him to pay the arrears under threat of jail, and you can get an order to withold payment from his paycheck or military pension. If you are on state assistance the Children Youth and Families Department - Child Support Enforcement Division can do this for you. I don't recognize your zip code but there are excellent forms on line for pro se litigants (representing yourself) in the first (Santa Fe) and second (Bernalillo County - Albuquerque) Judicial Districts. Go to nmcourts.com.
In general, failure to pay child support is not considered grounds to block visitation - although it sounds as if the court may have ignored this. However if there are issues about his behavior (for example drug use or domestic violence) that could be considered dangerous to the children you can ask the court to order that visitation be supervised - you would take the children to a neutral place where he could visit under the supervision of a professional counsellor. This is expensive but court could require him to pay for it.
I would have to see your parenting plan to determine if you can move the children without his approval or approval of the court. There's usually no problem moving them within your Judicial District but if you are leaving the state or moving into another Judicial District you may need court approval. If you have any kind of joint custody then in general it requires his agreement or court approval.
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