Legal Question in Family Law in New Mexico

Power of Attorney Recv'd Permanent Child Custody Against Fathers Wishes

NM Mom has Power of Attorney for son incarcerated in Texas. Son's wife is killed in NM while incarcerated, Mom goes to court for child/husband settlement on behalf of son who cannot go because of incarceration. Mom is given permanent custody of grandchild until 18 (says judge insisted). Moves to CA after settled despite sons continued requests not to take his children to CA even before trial. Options? Son to be released in 18-24 months. Despite repeated request to lawyer and Mom for transcript, no copy sent. He is confused. He will now have to go to CA when released to be with children, but does not want to live there. Will he have to sue to get back custody of his son? Can we get transcript some other way? What state will he have to seek legal council to move forward and do damage control?


Asked on 2/18/03, 9:15 am

1 Answer from Attorneys
Basil Hoyl Law office of Basil Hoyl

Re: Power of Attorney Recv'd Permanent Child Custody Against Fathers Wishes

Much money can be spent in spinning wheels. Were it me, I would get a lawyer in California where I would expect something like a suit to modify would likely be heard in the long run. California lawyer may wish to associate Texas lawyer, but that is something to discuss with them.

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Answered on 2/18/03, 3:30 pm


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