Legal Question in Family Law in New Mexico

I have a 7 year old from a previous relationship (not marriage) in which I have had full responsibility for for the past 5 years with no attmpt of contact or child support from the biological father. I am now married and my husband is serving in the US Army. We are currently stationed overseas. How can I gain full legal custody or have the biological father of my oldest relinquish his rights while I am not in the state? If I was to visit NM could this sort of thing be done within a month?


Asked on 1/27/12, 5:39 am

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

In law anything can be done in the time it takes to meet with people, discuss an issue and then type up the documents . . . . . provided everyone agrees and provided the agreement is withing the bounds of law; i.e., it is legal. Thus, if everyone is in agreement your 1 month timeline could possibly be 29 days too long. If everyone is not in agreement your 1 month timeline could very well be many months too short.

You have stated what you would like to have happen as to your child but you have not stated anything about whether the father would be in agreement with what you seek. If you both agree then something like what you want can be done quickly and not necessarily requiring you to be in NM at all. You may not have to be in NM for all of the discussions or negotiations at all. You could do much over the telephone, email or by postal service. However, as I stated, much will depend on what the father desires as to his child.

I recommend you speak with an attorney. Attorneys negotiate, and generally, negotiate well as to various matters. Your issue might require a bit of negotiation and you might find those negotiations easier with legal counsel than without. If you have had a previous legal action with the father I would suggest you seek legal counsel in the town or city where that previous legal action took place. However, if the father and you have both moved then you may have a bit more freedom in selecting where you obtain your attorney.

Hope this helps and good luck.

Law Guru

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Answered on 1/27/12, 6:39 am


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