Legal Question in Family Law in New Mexico

If a mother has been granted sole custody of her 3 children and divorce is still in process, does he have a right to give girlfriend permission to spank the children?


Asked on 1/21/10, 8:18 am

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

In NM the rule that covers children is the question "what is in the best interest of the children?" If you are in the middle of a judicial proceeding (i.e., getting a divorce) and the other party is asking someone or agreeing that someone can use corporal punishment (i.e., spanking) on your children you have the absolute right to file a motion and ask the judge to issue an order and tell him to stop doing that. If the judge agrees with you then the judge will order the man to stop with the corporal punishment. This is a big deal. If you can afford an attorney then go get one to help you finish this matter. If you do not have an attorney then ask at your courthouse about the "Pro Se Clinic" - it is like a self help center at the court. They should be able to get you pointed in the right direction.

Good Luck

Law Guru

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Answered on 1/28/10, 8:11 pm


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