Legal Question in Family Law in New Mexico

Re: One custodial parent leaving for war in Iraq and other custodial parent want

I will answer you query in a kind of reverse order. Presently, NM does not recognize a step parent as having legal rights either as a parent or like those enjoyed by grandparents. Thus, if your sailor tries to give his rights to someone else his decision likely will not stand up in court. Effectively, the only thing he is really doing is trying to create a difficult or hostile situation between you and his new ladyfriend. While the children may enjoy a relationship with her she cannot stand in the role of their father.

Pretty much without doing anything at all you will, by default (i.e., when he leaves), become the sole legal custodian of the children. You do not have to agree to anything else. He is the one leaving. And, if he tries to bring up the argument that he is doing this (leaving) for his country a judge will gently remind him that his first obligation is to his children; mom, apple pie and uncle sam all stand in line behind the best interest of the children.

You should consider speaking with a family law attorney in an advisory manner. The information you seek can be discussed in less than an hour and the fee will not be high; further, the knowledge you will gain plus your peace of mind will be more than worth the time.

Good luck.