Legal Question in Family Law in New Mexico

Missing Grandchild

My son & daughter-in-law separated in March, 2006. My son went to pro se clinic and filed divorce papers and child custody papers. My daughter-in-law called my son to say she received papers, we do understand that she has 30 days to respond, however, the Bernalillo County Sheirff's office says papers have not been served yet. In the mean time, we haven't seen my granddaughter since April, we now found out that she is in a day care but we do not know where she is. I have tried calling my daughter-in-law on her cell phone, I have called my daughter-in-law's home, they will answer the phone and when they find out it is me, they hang up. I would like to see my granddaughter and I would like to know where she is. What can I do, within the law, as a grandparent, to be able to know where and how my granddaughter is. My granddaughter was born on Feb 12th of this year. Am I able to call the non-emergency number for the local police department and get any help?

Thank you


Asked on 7/19/06, 2:12 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

Re: Missing Grandchild

You ask about one of the most emotionally tough questions in family law. "How do you keep family relations together when the family is breaking up?" You will not get an easy answer from the internet. However, I will direct you to some sources in your area that can help.

First, there is a new 'type of lawyer' (for want of a better phrase) in your area and that lawyer is practicing what is called Collaborative Law. I won't go into great detail but what I will say is that there is great promise in the area of family law where the collaborative process will help the family continue with family relations and not just legal relations. So, call the state bar (dial eight hundred eight seven six six two two seven) and ask for the names of attorneys who practice collaborative family law. If you have any problems getting this information then send me an email and I will give you a list of names of attorneys in your area.

Next, you can look in the yellow pages for family lawyers and start interviewing lawyers. Find someone you believe you can work with and let them guide you through the legal process to enforce your grandparents visitation rights. There is a law in this area that can work to your advantage.

Good luck in your endeavor.

Law Guru

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Answered on 7/20/06, 11:10 am


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