Legal Question in Family Law in New Mexico

I have sole legal guardianship of my 12 year old daughter. I am going through a divorce of which my soon to be ex wife is seeking visitation with my daughter that would strictly be her step daughter. My daughter wants nothing to do with her, according to the mediator in our case I have no choice and I must force my daughter to go with her evil step parent for visitation. How can this be what can I do to let my child have a voice. I am teh biological parent she is trictly the ex step parent


Asked on 8/27/12, 8:34 am

1 Answer from Attorneys
George Chandler Chandler Law of Los Alamos

The judge can give visitation rights to the stepmother if their relationship is strong enough and has enough history. The judge is not required to consider the child's desires until she is 14 (younger than that the judge determines the "best interests of the child"), but he can take it into account. You can ask for an independent evaluator to interview the child and look at all the factors and make a recommendation to the court . Expensive, but could be worth it. you can also get a guardian ad litem appointed to represent the child's interests - a lawyer, also expensive, required to interview child and related adults.

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Answered on 8/27/12, 1:03 pm


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