Legal Question in Family Law in New Mexico

CYFD has taken my grandson. My son is currently incarcerated for the alleged charges. Although I respect their position, I have been trying to get my grandson home. The caseworker is treating me like I'm the defendant. First they got him confused with another child. The caseworker told me that he was thrown on the ground or against the wall and that he may have pernament brain damage. Turns out, they had him confused with another child. This caused me alot of heartache, and stress. I then asked if I could get custody of him, a home visit was done and the background paperwork was submitted. I then made contact with the caseworker again and she said that I had a case from CYFD in 1987 and that she has to pull the records. I've been waiting almost a month. They won't let me see my grandson at all. I'm completely devestated. I feel like they are prejudice against me even though I'm not the one who is charged. I need help. I have been given the run around and the caseworkers are extremely rude.


Asked on 12/12/12, 9:46 am

1 Answer from Attorneys
George Chandler Chandler Law of Los Alamos

You have my deepest sympathy. CYFD has some of the rudest workers on the planet, and you have apparently encountered one. Your options are limited, but you can call the local office and ask to a speak with a supervisor. They had an Ombudsman office once but I can't find the number so they may have eliminated it. Try calling the Secretary at 505 827-7602, or the General Counsel office 505 476-0471. Write down all your travails and send letters to these offices and copy your State Representative and State Senator as well as the Governor.

CYFD is supposed to give preference to relatives when seeking a place to put a child. They do have to check them out, as they are apparently doing with you, but the emphasis is supposed to be on placing the child with relatives ASAP.

You could file for grandparent visitation privileges, which is a lengthy process that would probably not be complete before they make some final determination. If they place the child somewhere else, such as in a foster home, then you should definitely file this action. You can find the forms online on the first and second district courts websites. If they terminate thr rights of the parents you can intervene in the action and ask for custody in several ways, which I would suggest you do with the assistance of a lawyer. If you can't afford a lawyer you could try to get help from Advocacy Inc. in Albuqerque. http://www.nmadvocacy.org/home/node/2.

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Answered on 12/15/12, 2:50 pm


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