Legal Question in Family Law in New Mexico

I am doing a step parent adoption and we have served the father by publication and he has had well over his 30 days to respond. We found out he now has a lawyer, can he legally do anything since his rights have been terminated?


Asked on 9/11/12, 5:04 pm

1 Answer from Attorneys
George Chandler Chandler Law of Los Alamos

It's not clear to me exactly what happened here. If his rights were terminated by a default judgment following publication by notice he can move for what's called a rule 60 motion to overturn the judgment, if he were successful then you would have a trial as if he had answered the original petition. Success on such a motion is hard to predict. If his rights were terminated in an earlier action he may have less recourse. Talk to your lawyer.

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Answered on 12/01/12, 7:44 am


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