Legal Question in Family Law in New Mexico
Third party interventon in custody case
Foundation: In a child custody case, a non-biologically related party has been allowed by the mother to become a surogate father to her minor child without the biological father's advise or consent. In addition, the mother and the surrogate father no longer maintain a relationship nor were ever married, but the child is allowed by the mother to live with him 50% of the time. Now, the third party wants to adopt the child.
The case is in litigation brought by the biological father. The mother denied the father access to the child, moved out of state without notification to the father, and refused financial support, and attempted to keep her location secret from the father.
This case is in New Mexico. Both a court appointed psychologist and the child's lawyer agree that adoption is out of the question nor do they find any reason to deny the biological father from reestablishing a relationship with his child
Question: What, if any, legal rights does the surrogate father have? The child (6 yrs) has been told, and believes, that he is the real father. Does the surrogate father have any legal parental rights to the child?
Thank you.
1 Answer from Attorneys
Re: Third party interventon in custody case
You are asking the Guru to second guess or pre-guess a judicial decision. This question is better suited to be answered by the judge in the case. While you have described some of the highlight facts there may be a part of the story that you have yet to describe. NM has at least two cases that discuss equitable adoption and while this case does not fall within that category some of the discussion about visitation and issues surrounding the child are discussed. NM also has a well known case that (nearly) describes the same circumstances you have described and the child was returned to the biological father - period.
The general rule of thumb is that biologically related parents have the superior rights to everyone else in the world. However, in the courtroom, rule of thumb is replaced by rule of law after all of the facts are developed.
Good luck.
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