Legal Question in Family Law in New Mexico

Re: Who has custody of my child?

This is one of those 'loaded' questions where the answer is fairly clear until more facts are revealed. Be that as it may, I will say that the only reason someone would be turning in information to the child support authorities is because the mother has asked the government to establish who has "care, custody and control" over the child. Unless someone takes the active step of going into the government office and asking for services (such as asking that the government find the father of the child and make him pay child support) then the government will do nothing. Providing information to the child support authorities is a voluntary act performed by a parent in connection with a request for services from the government. Once the government has found the father then the paperwork will be filed with the court and an affirmative allegation is made that the mother has care custody and control (i.e., custody) of the child. The father can deny that allegation but it is not likely he will prevail. Depending on the location of the father visitation arrangements may begin as a part of the process the parents find themselves in; however, the only thing the government is interested in doing is establishing that the alleged father is in fact the actual father and then they establish and try to collect child support. Approximately 70% of the fathers out in the world try to avoid paying child support (and I can hear the father's rights groups whining already). All this does is place a burden on the larger part of society to help (pay for and) raise that father's child. The government comes from a position of self responsibility. If the man helped make the baby he should help pay the cost of raising the child. To try and answer the question you asked in a different manner - custody is a thing that simply exists. The court documents only put into writing the facts as they exist. Thus, if the child resides with the mother, then she has custody.

Re: Who has custody of my child?

I think John makes some very important and useful points.

My view is that once the dad starts paying child support he will usually want, at least, visitation and perhaps will contest custody.

Therefore, in my opinion, it is better to prevent future disputes by getting a court order as soon as possible that deals with visitation and custody.

Hope that helps.