Legal Question in Family Law in New Mexico

I strongly recommend you get an attorney to do this for you, especially if he has an attorney, but you can do it yourself if you have to. This is far too complicated and sensitive for me to try to advise you in detail in this format. I will encourage you to oppose his effort and suggest to you that if you do things right, you have a good chance to not only prevail on the custody issue, but also collect back child support and continuing child support, and possibly attorney's fees as well. .

If you and/or the child have been on SNAP (food stamps), or TANF, or any other state welfare systems, you may be able to get the Child Support Enforcement Division (http://www.hsd.state.nm.us/LookingForAssistance/Child_Support.aspx ) to do a paternity action for you, which will establish paternity, give you a chance to tell the judge your stories, and also set the stage for the child support orders anda court-ordered custody arrangement.

Talk to the police or the district attorney in the area where you were raped and see if they can find a way to file charges against him for the rape. It may be too late, the statute of limitations may have run out, but give it a shot and see if they have any tricks up their sleeves.

I wish you luck - and get an attorney. You're welcome to call me for a brief consultation. 505 280-3110.

You did not state in which zip code or judicial district you are in. NM has a telephone hot line called Law Access New Mexico - their website is www.lawaccess.org and they can direct you to some services that may be available to help. In addition to what Mr. Chandler offered you can probably get access to legal counsel through the local domestic violence shelter in your area. Again, the amount of help will depend on your location. As Mr. Chandler stated, I also extend a brief consultation if you are in southern NM - 575-680-1234. Mention Law Guru.

Good Luck.

Law Guru