Legal Question in Family Law in New Mexico

There's a presumption you are the father if you were married when she was born and you are listed on the birth certificate. In the circumstance where you held yourself out as her father and fathered her for years, you can have parental rights even if you turn out not to be her biological father.

You need to start an action to determine custody of the child, usually as part of the divorce proceedings. If you don't want a divorce you can get a formal separation.

I would suggest you start one of these proceedings. When people let these things drift without taking action for years it gets harder and harder to protect your rights, and more important to protect the rights of the child to a stable situation. See a lawyer,.