Legal Question in Family Law in New Mexico

i've been incarcerated for the past 5 1/2 years and now that i'm out my 3 kids mom is making it extremely difficult for me to see them and now has said I can't until I pay child support we have a set of twins 15 and one thats 14 they are wanting to come live with me legally does one parent or the other has custodial rights can I go get them legally she has told them they can go but i'm not sure what she's going to do when it actually happens and i'm not wanting to go back to prison

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State/Country relating to Question: New Mexico

Already Tried:

I have tried to reason with my ex beyond what the normal person would do

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Asked on 4/18/10, 10:27 am

1 Answer from Attorneys
George Chandler Chandler Law of Los Alamos

You've raised several issues.

Visitation can not be conditioned on payment of child support.

You should have a parenting plan in place that sets out visitation and child support. If you don't have one, then you should go to court to get one. If you were married it would be part of your divorce settlement, if you were not married then you can get one in the course of a paternity action. If you do have one, then attempt to follow it and if she doesn't cooperate then you can go to court and ask the court for an order to show cause (contempt action).

When determining custody if a child is older than 13 the court may (doesn't have to) consider the child's wishes as to where he/she wants to live.

Call Law Access New Mexico at 18003409771 to talk to a lawyer for free.

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Answered on 4/23/10, 12:39 pm


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