Legal Question in Family Law in New Mexico
My wife and I have been having some issues with our marriage lately. This last Tuesday she unexpectedly moved most of her things out and took my two year old son with her. She is refusing to let him stay with me or see me at all for that matter. She will not communicate with me or even agree to sit down with a mediator and make a plan. I am his legal father. What can I do to see my son legally and civilly? Do I need to file for custody? I am looking for a starting point to get the ball rolling. I've seen this happen and Unfortunately it would seem that the mother in many cases has the upper hand. I am fearful of losing my son. Any advice would be much appreciated.
1 Answer from Attorneys
This is the time to get an attorney. You can find attorneys by asking friends and relatives for suggested names; look in the telephone book or conduct a search for "family lawyers" in your city or town; or you can contact the state bar of New Mexico and obtain names of attorneys there.
While many 'fathers' feel the fear you speak of the legal system does not automatically give children to mothers. It often appears that way because of circumstances in each family that goes before the court. But, rest assured, the mandate to the court is to make decisions "in the best interest of the child." That is what you need to speak to your lawyer about.
Hope this helps.
Law Guru
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