Legal Question in Family Law in New Mexico

what rights does my boyfriend have to visits with our 2-year old daughter if I file for child support?


Asked on 5/26/10, 8:49 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

Your question is really 2 questions in the eyes of the law in NM. First, "what rights does my boyfriend have to visit with our 2 year old child?" Second question is "What rights does my boyfriend have if I file for child support?" In NM law there is no direct relationship between the issue of whether someone pays their child support and whether they get to visit their child. The law does not make someone pay to see their child. Now, the practical reality is that it can appear that there is a relationship; however, you will not find a judge who will say to your boyfriend "if you do not pay your child support I will prevent you from seeing your child." That will not happen. You and your boyfriend should go and spend some time talking with a lawyer about these two issues. In the county where you live there is a self help law center at the district court and there is a law clinic at the district court where you can go and talk to a lawyer without cost to you. Go to your local district court self help law center to get started.

Good luck.

Law Guru

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Answered on 5/27/10, 3:12 am


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