Legal Question in Family Law in New Mexico

Step father threatens to refuse my visits to bed-ridden mother

My mother is 79 and bed-ridden, she lives with my step-father in a house which is in his name only. Whenever he gets upset over anything, he threatens to prevent me from seeing my mother. He says he can get an order of protection against ME so I can't come to see her. Or he says he can probably call my unwanted presence traspassing and make me leave. As he has no grounds to get an order of protection, could he be granted one? Can he say I am trespassing and refuse to let me in? What recourse do I have if he won't let me in to see my mother?


Asked on 2/11/02, 11:58 am

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

Re: Step father threatens to refuse my visits to bed-ridden mother

Both you and your step-father are right and wrong on this issue. I urge you to try and find out what alternatives each of you have before you all end up in court. In the context of seeking alternatives contact the state bar of new mexico at 800-876-6227 and ask for referrals to the Elder Law committee for some names of attorneys who work with issues associated with the elder members of our society. Overall, an attorney who practices in this area is going to have a lot more familiarity with your question and how to resolve it. There are also some very good family lawyers who might be able to give you a sense of direction on approach to resolving this matter. You are bringing up a family issue. However, I do not believe I can properly give you an answer via e-mail.

My first inclination is to get all of you into mediation. This is a form of group discussion with the purpose to resolve the underlying dispute. Your step father may have issues with how you deal with him and your mother. Your mother may have told him she doesnot want to see or talk to you. Either of them could be senile and not be able to deal with the issue of her illness in a rational manner. Those are just some of the possible areas where the "real" problem lies here. You will need to be open as to what my be stated as the underlying issue in your step-father's opinion and try to explor other ways in which to allow him, you and your mother to find some common ground upon which to resolve this family issue.

Your question invites many more questions than what any lawyer could just answer out right. Seeing a lawyer is one step to resolving this issue. Seeing the right agency, doctor or other organization may be the more correct (and less costly) route to resolving this issue. A lawyer may be able to get you in contact with the correct path toward resoluton.

Good luck.

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Answered on 2/11/02, 2:50 pm


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