Legal Question in Family Law in New Mexico

I have been unable to monetarily support my oldest son for 3 years but have been with him 80% of the time for the last 8 mos. His grand parents had taken him in to help. They now help me support all 3 of their grandchildren. When I am able to support my entire family can they stop me from keeping him.


Asked on 7/28/09, 10:08 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Unless you have had your parental rights terminated, or are otherwise a parent of whom the courts would not approve [drugs, criminal charges, etc.], you have an absolute right to the primary and sole custody of your children if you can provide proper living accommodations, support and supervision. Grandparents have certain visitation rights in NM, but they cannot gain legal custody of a child merely by raising him for a while.

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Answered on 8/03/09, 3:44 pm


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