Legal Question in Family Law in New Mexico

I've been in a relationship for the last 10 years I have a son that is five on his birthday was told by her that he was not my son I had a DNA test witch confirmed that what she said was true I'm on the birth certificate and in my eyes he is my son what legal rights do I have if I have any at all

Asked on 1/04/17, 3:23 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

The question you asked is filled with many many nuances in getting an answer. There are, quite frankly, too many questions to be asked by the lawyer that it is not practical to even try to demonstrate to you on this 'public forum' a way to clearly answer this question. I can tell you that you have plenty of good family law attorneys in your town and up the road in Roswell. (I am sure there are some family law attorneys in Artesia - I just don't know of any personally). You need to the call and schedule an appointment with a FAMILY lawyer. If CSED is involved in your life then you DO NOT need to go talk to them. They are not your friend and they will mislead you and they are not supposed to give you legal advice anyway.

When you talk to the family lawyer ask what will be the impact of this information as to the US Supreme Court case, Troxel v. Grandville, in your case. [The general issue here is that if you are NOT the dad then someone is and that DAD is being deprived of his rights as a parent if he does not have custodial contact or rights.] Also, there is a statute in NM that sets out a particular time line affecting in dealing with establishment of paternal identification. Then, there is a question of child support, a judgment perhaps against you and a myriad of other issues which I cannot sit here and type out for you. That's why you need a lawyer. You need to consult with an attorney and then hire an attorney. And, you need to do this sooner rather than later.

Good Luck.

Law Guru

Read more
Answered on 1/06/17, 7:47 am

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Mexico