Legal Question in Family Law in New Mexico
They're in NM, I'm in PA. Don't know what I can do to help!!!
My daughter married 10 yrs ago in NM. Bore a son. Other granny had him call her 'mom' when he visited; her son was taken from her when young by his dad. Within 3 yrs later had 2 girls. Daughter & husband had drug/drinking issues; in court constantly for driving w/o & expired license, no insurance, domestic issues, etc. while other granny cared for 3 kids; she takes lots of presciption narcotic drugs. They divorced; served papers at home she was no longer at; dad got sole custody for non-appearance. Daughter rarely saw her babies; dad and granny manipulated situations. She went to prison for possession of a narcotic (felony) for 1 yr, then drug rehab for 6 mo. 2 wks before release, dad signed statement to give custody to granny;now granny taking both to court for sole custody April 2. Daughter working w/church to obtain home & lawyer, looking for a job; dad goes to school & using drugs. She has parole for 4 mo. She's financially inept; currently lives w/ex til she can get partial/sole custody but wants to move away from him; afraid she'll lose case; church & I agree on move. She's trying to straighten her life for the best interest of kids & self. She wants to move to PA where I live & can help her & children. Please advise!
1 Answer from Attorneys
Re: They're in NM, I'm in PA. Don't know what I can do to help!!!
There are practical answers and there are legal answers. Then there are some cases that simply do not have any easy answers. This matter does not have an easy answer. The legal answer here is get a lawyer and toward the best. The practical answer comes more in the form of a question: what or where is the best place for the children? I wasn't clear but it seemed like you said granny also uses lots of drugs? But, you also said that the only real steady place the children have lived is with granny who does not break the law and who consistently provides a home for the children. That point is going to weigh heavy in a judge's decision about where the children live.
The bad part about drug addicts ~ as you are aware ~ is that until they are clean for a substantial period of time they are not very trustworthy people. (That's not a judgment just a fact). The path your daughter will likely have to follow is straight and narrow with a clear plan that she can provide to the court. I imagine her attorney will try to make a visitation plan with a goal toward re-uniting the children with mother. Part of that plan will have measurable points along the way so that your daughter can demonstrate that she is progressing towards an approved goal. However, she is the one carrying the heavy load and she will be the one to have to show that she can provide the children with a safe and stable home.
You said: please advise. My advice: Get a lawyer.
Good luck.
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