Legal Question in Family Law in New Mexico

Hello

I am a single dad who is not on his childs birth certificate

Mom wants to collect child support while not naming me on the birth certificate as the father. Additionally, she wants to retain all legal custody, if I am put on the birth certificate. But would rather have the parenting plan done ONLY, than acknowledge me as the father.

Mom is not my exwife, exfiance, nothing! she is only a person I dated very briefly. In short there is no legal connection between me and mom.

I am also military so will be leaving very soon so do not have the 30 days required for a summons. As military I cannot be a single parent and am required to give her full physical custody for the time being(which I do not mind), but legal custody is touchy because thats something which may be beneficial for me to have for the future, things like signing medical and school documents. I am also willing to provide medical benefits, but kid has to have me named on the birth certificate to receive benefits.

I do not have any criminal history, mental health history, drug/alcohol abuse history, etc. Minus some parking tickets I am clean! And my homestate is New MExico and my parents, baby grandparents, live in new mexico too.

what are my chances of retaining legal custody being that I am leaving the state, but am willing to give kiddo the benefits and child support he is entitled to by having me as his father and visit new mexico as often as possible since it is my home state?

Thanks all!


Asked on 1/07/10, 8:48 pm

1 Answer from Attorneys
John Watson John Watson, Attorney at Law

There are several matters you raise in your note. 1st, you said she is a person you "dated very briefly." The real question that has to be answered is "did you have sexual intercourse with that woman?" If the answer is yes, then, 2nd, you need to get a DNA test with the mother to verify whether or not you are the father. 3rd, in order to get a DNA test with the mother you can contact NM Legal Aid (because of your military status - they may take your case) or you could contact NM Law Access and they may offer the assistance you need. In addition to the foregoing, if you look up New Mexico Bar Association on the world wide web you will find their address and they have a lawyer referral service in which you may participate (and be sure to mention your military status). 4th, the issue of legal custody is based in law. The law in NM presumes joint legal custody. Your absence from NM because of your military obligation may not be sufficient basis upon which to change that legal presumption. Last, I will not provide further answer to all of your other questions because, until you have determined whether you are the father, most of the other questions can wait.

Good luck to you

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Answered on 1/13/10, 7:55 am


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