Legal Question in Family Law in New Mexico

Re: custody

A subpoena is a document (in this case) that directs someone to appear in court. Usually the lawyers prepare them as they are most familiar with the use of subpoenas. However, a person acting pro se, i.e., as their own lawyer, can also issue a subpoena.

If the custody fight is between mom & dad over the child and someone wants grandmother to come in and testify then whoever wants her in court will probably subpoena her.

Custody fights can involve someone bringing up every bad thing they have ever heard. So, if someone thinks they know or heard that grandma was a pot smoker they very well may bring it up. Sometimes the parent who obtained the pot will bring up and say "well, that other person smokes pot!" And, they never think about that other person answering back, "well, I only smoked it when you brought it over and we smoked it together." People are often not thinking clearly when they are smoking pot and when they are in custody fights.

The Court may not exactly "make" grandma do a drug test but the judge could order that grandma will not get to have any visitation or custody unless she "participates" in a drug test. The judge could also make the person who wants grandma to have a drug test pay for the test first. So, you see how this can be one of those things where grandma could loose either way. (There is an old axiom for grandma here: don't get in the middle of someone else's fight).

Grandma may want to consider seeing a lawyer on her own and consider securing grandparent visitation rights in the case. If there are no lawyers involved in the case then perhaps what someone should do is suggest to the court that the parents (and grandma) go and participate in mediation before they have a court hearing about custody. Also, just making the request can show the judge that at least someone in this family is thinking about the child and not just about winning custody. Often times mediation can be very helpful in these kind of cases.

Good Luck.