Legal Question in Family Law in New Mexico

Re: non married custody issue when paternity has not been legally established

I want to say that the police were wrong in this instance but they were somewhat hampered by the fact that you voluntarily let this man take the child for a visit. What they were saying 'in a legal context' was that they did not have the authority to remove the child from the man without a court order directing them to do so. What you were saying (to the father and the police), 'in a legal context' (and you also set forth in your email) was that he is the father but without his name on the birth certificate he gets no rights. At the same time you are willing to give him the right to visit - alas, only on your terms. What you need is a court order that defines the legal obligations and custodial rights of the parents of these children. That order will set out who the parents are, what their legal custody right is, what their legal support obligation is and, what and when are their visitation rights with respect to the child. Obtaining the court order will keep you from having to call the police in order to deal with the issue of who gets your child and when.

You should go and see an attorney immediately and seek to obtain an order that (a) establishes paternity; (b) defines custodial rights; (c) sets for child support obligation; and (d) defines and clarifies visitation time periods. The attorney will also be able to address the issue of the immediate return of your child.

Good Luck.