Legal Question in Family Law in New Mexico

How do i go about getting my daughters father to give up his rights to her? Hes obligated to pay child support but doesnt and takes no part in her life.

Asked on 9/23/09, 11:35 am

2 Answers from Attorneys

What I understand from what you have stated is as follows: Your child's father is not active in her life & does not pay child support. This does not, on the surface, negate his parental rights. You do not rent your child. He has rights even though he is not paying child suport. Parental rights are not that easily terminated. That said, the child's father also has the responsibility of supporting the child.

How this is handled depends upon the marital status of yourself & the child's father.

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Answered on 9/28/09, 11:55 am

George Chandler Chandler Law of Los Alamos

If you have a parenting plan ordered by a court that requires child support then you can go to the court to get t enforced by fioling a motion to hold him in contempt of court. If you don't have a parenting plan then you should get one either by (1) filing for divorce if you were married, or (2) if you were never married do a paternity petition to establish he is the father and ask the court for child support in that process. You can get the forms for this at the district courthouse in thee lobby, at the corner of Catron and Griffin in Santa Fe. They're also online at Call or e-mail me if you have a question.

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Answered on 9/28/09, 2:59 pm

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