Legal Question in Family Law in New Mexico

estab. paternity/abandonment/support

I served the father of my child 1 1/2 years ago a supoena for est. of paternity and child support. He never showed. I just reopened the case and will submit a motion for default judgement. In my original petition for paternity, I stated I also wanted sole custody. I am afraid to proceed now, because I am not sure that once they deem him the paternity by default, he may have rights to the child. Do I need to file also for abandonment, since he has never acknowledged or shown in interest in the child? If so, how do I do this? Can you send me a source for the forms? I need a NM motion for default form, motion to reset form and possibly motion to file for abandonment form to ensure he has no parental rights. This man helped murder someone, never was caught, and it is crucial I have no requirement to contact him in the future. I cannot share this with the judge. Do I have to be present for the judgement, as I fled the state 1 1/2 years ago and have been sending in my motions via mail? Thank You in advance for your help.


Asked on 5/10/00, 4:24 pm

1 Answer from Attorneys
John Watson John Watson, Attorney at Law

Re: estab. paternity/abandonment/support

Go to your local Child Support Enforcement Division and sign up for services. They will help you with 90% of what you asked about. Ask to speak with an attorney at CSED or ask your Support Enforcement Officer to ask the questions for you about having an outside attorney or yourself represent you on the custodial issues.

You can also call the state bar of new mexico at their 800 number and they can put you in touch with some free services places in new mexico where you will be able to speak to an attorney and get some specific direction regarding your question.

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Answered on 7/06/00, 10:03 am


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