Legal Question in Family Law in New Mexico

Signing over rights

How do I go about getting a father to sign over all rights to a child. I can not afford an attorney. Person has never seen the child and states he wants nothing to do with the child. DNA was established. Thanks.


Asked on 4/19/02, 1:19 am

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

Re: Signing over rights

I am tempted to say that you cannot afford NOT to have a lawyer. What you are seeking is described by the legal term "sole legal custody." That is a term defined by law that means that you are the sole custodian, the only person, who can make legal decisions affecting your child. Do not fall for what some people try to do which is called "terminate parental rights." Sole legal custody is the same thing and easier and cheaper to establish.

If DNA testing determined that the man is the father then that means a case has been started in the matter between you and him. I would assume that means Child Support Enforcement is involved; which is good. You should seek to speak with the CSED attorney assigned to your case and ask for directions on who to speak to about getting an order for sole legal custody of your child. I would imagine that the attorney will at least point you in the right direction. Alternatively, the state bar of new mexico has a 1-800 number (see their website http://www.nmbar.org ) for a lawyer referral service and they will provide several names of lawyers in your town who do this kind of work. Before you say you cannot afford a lawyer go talk to one; in fact, go talk to several.

Good luck.

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Answered on 4/19/02, 8:34 am


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