Legal Question in Family Law in New Mexico
Can CYFD take my kids from me if there is no drug use or domestic violence regardless if I have had a previous case with them. My husband and I are living new lives drug free and changed to the fullest. I'm aware anyone can call and I have already been threatened ad I'm ok with that just wondering if there is no findings this go around if that gives them any power to take them just because of what happened in the first case?
1 Answer from Attorneys
CYFD acts under the authority granted to them by both criminal laws and the children's code. Thus, their authority to 'take children' is not simply limited to drug use in the household or domestic violence. If the children are in an 'unsafe' place by being in a particular household CYFD can probably take the children until they are proven wrong or until the situation has changed.
Unfortunately, this is an area of law where many families feel the full weight of the government in their lives and it is a very unpleasant experience. Fortunately for some children ~ it is a good thing we have such a government agency.
Hope this helps.
Law Guru
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