Legal Question in Family Law in New Mexico
Gaining sole custody after step-mother abused son
For 3 yrs. my ex-husband's wife abused our son during visitation in their home. After ex finally admited the abuse, we agreed he would only see our son in the town where the child and I live. Now, after asking for a recalculation of childsupport, ex is refusing to change unless he can take son to his home, where he still resides with abusive wife (who was convicted of one count of child abuse against my son). What can I do legally to prevent him from taking our son to his home where the convicted abuser lives? Also, what can I do to enforce the child support order? We have not got the $ for an attorney at this time, and I am afraid he will push the issue and my son will have to go. He is 7 and strongly states he does not want to go where she is, but would still like to see his father. Thanks for your time.
1 Answer from Attorneys
Re: Gaining sole custody after step-mother abused son
If stepmom has a conviction, you might be successful in asking the court to a modify the custody/parenting plan to forbid father from exercising his parenting time around the stepmom.
You probably have a child support enforcement division of the department of health and human services. Ask them if they can take your case, recalculate the support amount, and enforce support. Alternatively, you can ask the court to modify child support when you ask it to modify the visitation to exclude stepmom.
By the way, visitation and child support are separate issues so, if dad is failing to pay support and you refuse to let the boy go with dad, dad can still take you to court for interference.
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