Legal Question in Family Law in New Mexico
my wifes daughter has been staying with my in laws for 8 years she is 9 now.my in laws are getting child support through the court my question is does my wife still have the right to go and pick her up and keep her or does she have to go through the courts to get her back she has never signed over custody
1 Answer from Attorneys
You're not telling me enough. If your wife or the child's father are paying court-ordered child support there has been some kind of action that gave custody to the grandparents. Could have been a kinship guardianship, or other arrangement, perhaps a placement by Children Youth and Families Department. She will need to discover what the arrangement is. Unless she has had her parental rights terminated there will always be some means for her to recover custody or gain visitation. The type of custody arangement determines the process she will follow to gain visitation or restore custody. The length of time the child has been with the grandparents may make a court reluctant to return child to mother.