Legal Question in Family Law in New Mexico

i have been living with my babys momma for two and a half years i want to return to college but my baby momma has threatend to take my baby from me if i do so when my baby was born i accepted paternity of my baby amd my baby has my last name my baby momma does not work and if she leaves me will move in with her mother will this affect anything i am the one that provides for the three of us and my baby moma does nothing at all no even clean it all falls on me what can i do to keep my baby and return to school and finish my degree so i can give my baby a better life and what are my chances at getting full custody of my baby if i leave we are not married just engaged my baby is one year old and we fight alot over alot of stupid stuff


Asked on 7/27/09, 7:00 pm

1 Answer from Attorneys

The 'non-legal' answer to your question is that you should find the middle point and maintain a job and go to school part time. This concept is not new in our society and is based upon a notion that when you have a child and family you have a responsibility to take care of that family. The non-legal answer would say further that you should seek counseling with your pastor or priest as to the 'petty' disagreement you and your mate have with each other. While this issue is not easy to resolve it can be resolved and you and she can live a happy life with each other. Do not become absorbed with the immediate discomfort but look at creating a path that you, her and your child can travel together for the next 18 to 50 years. Having a long view will help both of you see that the day to day issues are really minor in nature.

As to the legal resolution of two people where one of them has decided that they can no longer travel on the path together you have to bring a legal action, move the court to establish paternity, ask for a paternity examination to scientifically establish your relationship with your child and then establish a child support payment that one of you will pay the other. Of course you can ask the court to allow you to be the primary parent of the child and you will simply have to prove to the judge that the child should be with you primarily. If you are able to prove your case then she will pay child support to you and she will have some visitation with the child; if you do not prove your point then she will be the primary parent and you will pay her child support and you will have some visitation with the child.

Now, you get to choose the path you want to follow.

Good Luck.

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Answered on 8/02/09, 12:11 am


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