Legal Question in Family Law in New Mexico

Rights of Unwed Fathers

My son has been involved in a mostly off, then on again relationship with the mother of his 5 year old daughter since her conception. They were both teens at the time of her birth. ''Mom'' has always threatened to withdraw visitation each time she is not pleased with his behavior, thus his continual return to a doomed relationship. Not considering details such as parental mental health, what are his basic rights as the biological father in NM?

He has always provided child support and has been as involved in the life of the child, as allowed. ''Mom'' has recently refused visitation again, and we would like to put a stop to the see-saw effect of her moods. If mental health IS considered- ''Mom'' has had suicidal bouts since before meeting with ''Dad'' and is a fulltime student on welfare(4 yrs with no cert. or degree yet), and ''Dad'' is a recovering alcoholic, who has never hurt his child, but is being accused of being a threat, nonetheless, and is employed. Help?

Asked on 4/10/01, 1:16 am

1 Answer from Attorneys

Robert Scott Robert L. Scott, Attorney at Law, P.C.

Re: Rights of Unwed Fathers

It sounds like you should you get into the Court as soon as possible and request an Order setting out the terms of custody, visitation and child support. Your son has a right to have regular scheduled visitation with his daughter. More importantly, his daughter needs as regular a relationship with her father if she is going to have the greatest chance of growing up without any serious problems. Finally, I strongly encourage your son to continue making support payments so that he won't have any problems with the Court on that issue.

If you have any questions, contact me.

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Answered on 6/08/01, 9:02 am

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