Legal Question in Family Law in New Mexico

I am the maternal grandmother. The father of my grandson (4 years old) has been withholding the child from my daughter. The parents were never married, there is no parenting agreement in place. Father is on the child's birth certificate.

Father is not easily reached - claims he has no phone, and will not respond to messages through social media so she is unable to contact him, though she continually tries to message and use internet calling. When she obtains approval from her PO and goes by his home (25 miles away) the father's girlfriend claims he and my grandson are not there.

Both parents have criminal records and history of drug abuse. My daughter for misdemeanor charges and the father for felony violent offenses. Daughter went to rehab and is on probation until August 8th 2016. Father is on probation for apx. 6 more years for the felony charges.

What can be done so my daughter can have custody of her son before going to court? Father filed for custody and a hearing is pending, though we have not received any paperwork with a hearing date.

Is it illegal for the father to withhold the boy from his mother with no agreements in place. PLEASE help!


Asked on 7/04/16, 7:15 am

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

First, you could file a motion for grandparent visitation rights. Alternatively, your daughter (and you)( should keep a detailed log/diary of all the times when he has missed a visit or not returned a telephone call. Judges want parents to have a very set and steady visitation time with the children, either visiting in person or on the telephone. If mom can demonstrate that dad is not being cooperative then the judge can come up with a new plan to 'help' dad become more cooperative.

Hope this helps.

Law Guru

Read more
Answered on 7/04/16, 11:06 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Mexico