Legal Question in Family Law in New Mexico

My niece who lives in New Mexico was awarded100% custody of her 2 daughters (ages 6yrs and 4 years) in the divorce. Recently she was arrested on drug trafficing charges. My niece's ex-husband (who doesn't even want the girls) told his "girlfriend" (mother of his son) to go and get the girls and take to her house. The father lives in North Dakota, and his "girlfriend" lives in Arizona. My niece spent less than a week in county jail before beinging released to a halfway house. Does she still have any say as to what happens to these girls? This "girlfriend" is telling the girls that there mom is a bad person and now they don't have a mom. This woman has stage 4 breast cancer and is going through her last round of chemo this week. The doctor says she only has about 6-12 months to live. She is not a fit person to have these girls. My niece wants them away from this horrable woman. My niece wants the girls to stay with her mom. What can my niece or even my sister do?


Asked on 9/03/12, 10:30 pm

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

Someone here needs to talk to a lawyer. First, from all that you have written, the only person who actually stepped up to the plate to get these girls out of foster care was the 'girlfriend.' Here is a person who is obviously sick and not doing well and she set aside her own issues and came and got the girls. Maybe she is not fit but she is the only person you said who came through for the girls. Second, your story is too complicated to answer in an online forum. Third, information missing is about how old are the girls; how long will the mother be out of the home; who is paying the rent; where is the halfway house; who are the closest family members and where do they live? Last, there are plenty of lawyers in the town (zip code) you listed in the question who can address this question. This is the time to sit down and schedule an appointment with an attorney and explore all of the options that are available.

Good Luck.

Law Guru

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Answered on 9/04/12, 5:51 am


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