Legal Question in Family Law in New Mexico

grandparent recourse

my granddaughter lives with my husband and i,because her mother and her father both have left us with the responsibility,the faher pays child support of 153.00 amonth when he feels up to it and the mother pays no support either. since neither wants to take responsibility what are our options? wecan't afford this


Asked on 4/26/00, 12:01 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: grandparent recourse

Both parents are equally legally obligated to support their child in NM. There is a formula under state law which determines the amount.

You are not getting proper child support.

Grandparents have no legal responsibility to raise their grandchildren. I do not address moral issues here.

your options are to (1) require the parents to pay proper child support; (2) get consents and adopt the child; (3) get a court-ordered guardianship of thie child which will enable to court to enforce child support; (4) return the child to one of the parents.

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Answered on 6/13/00, 2:34 pm


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