Legal Question in Family Law in New Mexico

I need help with a gaurdianship case. I signed papers for my son over to my grandma 9yrs ago. I was 15 and under the impression I was signing temporary custody papers for the purpose of obtaining insurance through my grandfathers employer. Now I am in the position of she's trying to send him to Las Cruces with his other grandmother whom he hardly sees without any discussion with me, the father, or my son. She's planning this move for Saturday and my son doesn't even know he'ss being sent away. I need to find someway to stop this. I would like to regain gaurdianship but am unsure where to start or how to stop this move. Shouldn't my wishes be followed in some cases?


Asked on 2/08/10, 3:28 pm

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

You can go to court and move to have the guardianship rescinded. Since you do not say 'which Saturday' you are referring to I am not able to suggest any kind of emergency action. However, when the courts open on Monday you can see an attorney or go to the pro se clinic in your court and attempt to get an emergency motion filed. If you meet the financial qualifications you might be able to use Legal Aid. You can also call New Mexico Law Access. Any of those sources will be able to help you.

Good Luck

Law Guru

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Answered on 2/13/10, 4:52 pm


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