Legal Question in Family Law in New Mexico

Hello,

I have half time custody of my 16 year old son and just got Married a year ago, He has only been treated very fairly by myself and my Wife and her daughter,

Every time my son and I have any issue he calls his mother and she picks him up even though i beg her not to, This makes it impossible to solve any issues that come up with my son. Last week he decided not to come to my house and now his mother wants me to pay her child support and is saying she will take me to court. I have always wanted my son with me as much as possible and do NOT want to give up my time. What can i do?


Asked on 10/01/12, 1:03 pm

1 Answer from Attorneys

George Chandler Chandler Law of Los Alamos

There are two aspects to this - dealing with the son and the legal issue.

On the legal issue, your wife can always go to court to request a change in the parenting plan, such as the division of time and child support. Nothing you can do legally to stop her from asking, you would just have to defend your position in court.

You and your wife are supposed to agree on how to raise the son, and work out issues. Within that context, you could suggest to her a counseling session at which you try to work out the issues with a social worker. If your wife took you to court to ask for a change of parenting plan and you raised these issues the judge could order you to a mediation session.

Sixteen year olds can be a real pain, and it's not unusual to see these kinds of conflicts develop. Once over 14 the judge must consider their wants when deciding custody issues.

If he decides to stay with his mom in violation of the parenting plan and she acquiesces, she is technically in contempt and you could ask for an order to show cause, but that's not likely to be successful. More likely a mediation and a change in the parenting plan would ensue.

You don't have to pay more child support until the court orders you to but if the arrangement has been in place with your acquiescence for a while and she goes to court, the court might make you pay it retroactively.

Under most parenting plans the parties can agree to any change in the parenting plan without court action if you do it in writing, that might be better (certainly cheaper) than battling it out in court. Read your parenting plan to make sure you understand it. It's less than two years until the problem solves itself anyway.

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Answered on 10/01/12, 1:45 pm


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