Legal Question in Family Law in New Mexico

guardian help

If we have guardianship of children and the dad takes for a visit and gets picked up for violating parole, can we get in trouble? I did not want them to go for a visit, had no choice! I want to know if we can be prosecuted for his stupidity. He has a suspended lisence and after we left them for a visit he put them in the back of his truck and rode around town in the alley ways, they are 8yr old twins.


Asked on 4/26/09, 1:52 pm

1 Answer from Attorneys

George Chandler Chandler Law of Los Alamos

Re: guardian help

Somebody who might complain would have to show the court that you had reason to believe he might misbehave -that you negligently put them in danger. The courts generally encourage visitation by parents in a Guardianship situation, but the decision is up to you and their welfare is up to you, unless the court put a visitation plan in place in your guardianship order. Having had this bad experience you are now justified in restricting the visitation privileges of the dad until he can show he has matured somewhat. You could require a supervised visitation at one of the community organizations that offers that service, or you could just allow him to visit them only at your place in your presence, or some such rule that you may devise. The courts expect you to exercise your best judgment, but they don't require you to be clairvoyant.

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Answered on 4/26/09, 10:43 pm


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