Legal Question in Family Law in New Mexico
My ex came to pick up our child as usual and an hour later I see a video of him at a party drinking . I call him and ask him where’s our child he says with him. So I know for a fact she is with him while he’s drinking. What can I do to make sure he won’t drink and drive with her ? Should I call dispatch for a welfare check on the baby ? We don’t have a custody agreement
1 Answer from Attorneys
You don't say what your marital status is. Whether you are married or divorced, there should be a child custody and child support arrangement ("Marital Settlement Agreement") approved by a court and you should start that process asap. If you were never married you can start a paternity action and ask the court for the same thing, a financial support and custody arrangement. I suggest you locate an attorney in Silver City, or you can try Legal Aid ( 833-LGL-HELP (833-545-4357) and start such action asap. It will help you to formalize the visitation patterns and protect the child financially for the duration of it's childhood. It also gives you a forum in which to make complaints about the behavior of your ex.
In the meantime, in an emergency situation if you believe the child is in danger then you are obligated to inform CYFD. Call CYFD's Statewide Central Intake child abuse hotline (1-855-333-SAFE  or #SAFE from a cell phone.