Legal Question in Family Law in New Mexico

I have a 9 month old son,.I have filed for a hearing but that wont be for another couple of months we have no custody order or visitation order his mom has kept him from me for approximately 7 of 9 months. That time is broken up between the first part she had gotten a restraining order which took a few months until we went to court and it was dismissed with prejudice and then recently the last time I had seen him was 10 minutes christmas eve and before that was November 18th. Her lawyer said she offered me a temporary visitation of 1hr 15minutes of supervised visitation 2 days a week. I have told them I dont appreciate being treated as though I am a danger to our son but this is the only way I can see him is there some kind of discrimination or something I can put in when I talk to her lawyers that can get them to try to give reasonable visitation two things 1hr 15min isnt long at all to try to bond or be a part of my sons life and I have tryed everything to see him and two to be treated as though I am a danger to our son I have read the criteria for Supervised visitation and in all of it there is reference to abuse which has not and would never happen. Is there anything I can say or do that will help? Also I have made a counter offer but it was rejected and that was our son spend time with me while she was at work rather than him be in child care. Any help would be greatly appreciated.

Asked on 1/15/13, 4:19 am

1 Answer from Attorneys

George Chandler Chandler Law of Los Alamos
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You don't say what kind of hearing you have requested, but what you want out of it is a parenting plan that establishes the parameters of child custody and support. You could consider filing a motion asking the court for a temporary order giving you more reasonable visitation until the hearing. It's good to try to negotiate with her lawyer but the lawyer will be more willing to be reasonable if you have done what you need to do to have a judge look at the situation and make a decision. Make sure you keep a record of all your interactions with the mother child and lawyers so you can establish that you have made every legal effort to see your son, so they can't say that you have abandoned him. But be careful to avoid stalking or harassment or violation of any restraining order. It would be good if you can talk to a lawyer. I f you can't afford one try Legal Aid or Law Access new Mexico - 505 944-7168.

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1/15/13, 9:46 am

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