Legal Question in Family Law in New Mexico
i have a two year little boy, the father and i arent together at the time. For the last five months we've been seeing a family therapist. I told her that i was looking at filing for child support, she went ahead and typed out a parenting plan, we went to wells fargo to have it notarized and they told her that she couldnt have it notorized due to the document not bein in the proper format leaving no room for a seal. also in the parenting plan it says that his father is entitled to have him every other weekend, would i be able to let him take my son one weekend out of the month without breaking the agreement in the document, it doesnt specify how many weekends out of the month he is able to take him. would i be able to still file child support and back pay?
1 Answer from Attorneys
The Guru has heard and read many things but when you suggest that a family therapist is writing a parenting plan I cannot help but think the therapist should remove herself from further action/activity in your case. First, if she is working as a therapist then she should have sent the two of you to either a mediator or at least one, but more likely, two separate attorneys so that you could obtain legal advice upon which to make a legal decision. Second, she has blurred or compromised her role as a therapist. Third, you sound like you do not agree with the proposed plan. When you speak of this disagreement to the therapist she cannot advise you about the disagreement as she is not a lawyer; and, she cannot act as a mediator as that is also not her role and as a therapist she cannot respond in a therapeutic way to your inquiry that satisfies your legal inquiry.
The Guru believes you should go and talk with an attorney immediately. You have a very good family lawyer right there in your town. Take your parenting plan, this note and this reply to him and inquire as to your legal rights and your legal recourse right now. There are also many good family lawyers in the larger town in the zip code 88001 just north of you. Go and talk to a lawyer - immediately, if not sooner.
Good Luck,
Law Guru
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