Legal Question in Family Law in New Mexico

can the state adopt my child without my concent even if me and my wife are seporated. there were 2 court dates regaurding the matter one i was never informed of and the other i missed but contcated the courts prior to the event. i did everything i was told to do up until that point. my wife signed her rights away when my daughter was 2 days old and when i was notified that my daughter was even born she was already 3 months old she is almost 2 now. when i got out out of the military i have had a few opperatons and other things to take care of but am once again trying to fight for my daughter on what legal grounds can i take this matter back to court

also i had filed a motion to stop the adoption process and it was denied with me being a nonresident of the state of newmexico itis hard for me to be there but my daughter deserves the right to know her father sence i never waived my rights to her.


Asked on 1/12/10, 7:32 am

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

You have set forth a very detailed set of facts that cannot be fully addressed by the Guru in this small space. First, talk to a JAG officer where you are about you locating an attorney in your home state. You can contact the state bar of NM lawyer referral service & let them know you are a military member. They have some group of attorneys who may be able to help you. You may also be able to talk to the Legal Aid office in the town where the action occurred & they might be able to help you. There is also a service call Law Access NM and they may be able to help you. Second, gather together in one place all of the legal papers you have received and make copies of them because whatever attorney you do get will be asking you for a copy of the papers. Be ready to mail or fax the documents ASAP. Last, don't give up. The facts you have set forth appear to raise issues that a judge will both have to address & want to address. The Servicemembers' Civil Relief Act may be at play in this matter. One of its provisions was to allow you to contact the court directly and ask for a delay which should have been granted if you were in a war zone. There may be other portions of the act that address your situation. We do have case law in NM with somewhat similar facts as those you describe.

Good luck

Law Guru

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Answered on 1/17/10, 9:37 pm


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