Legal Question in Family Law in New Mexico

There is something wrong w/ this question or your grammar is off or you are not taking about "your daughter." The straight forward answer to your question is that if a man's name is not on a child's birth certificate and he does not have a court order allowing him to have custody or visitation then he cannot take the child except by illegal means. If you are the child's mother ~ you said "my daughter" - then I don't understand why you would want to file as legal guardian since you are the legal guardian.

I hope this has answered the question you tried to ask.

Good Luck.

Law Guru