New Mexico - Limited Funds Limited Law Knowhow

This is a discussion on New Mexico - Limited Funds Limited Law Knowhow within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Mom resides with 2 kids in NM, while Dad skipped out to Vegas for 2 years to advance career. July ...

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Old Aug 21st, 2011, 07:52 PM   #1
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Default New Mexico - Limited Funds Limited Law Knowhow

Mom resides with 2 kids in NM, while Dad skipped out to Vegas for 2 years to advance career. July kids and I went to visit and plan moving as a family, when I find out he is in a relationship with someone else, so we came back to New Mexico.

1 child is mine from former relationship 12+ years ago, 2nd child is Biological father.

I retained an attorney, he has been served, now he wants custody of BOTH the kids.

He wants to custody of both kids but pay for only the one that is his.
He is a chef and his hours do not permit time to raise an elementary school child.
The kids and I have struggled over the years and his bank statements show that he is spending all his money on his new girlfriend, clothes, dinners and nightclubs, while my kids need glasses and braces. Our money is separate. He makes 100K+ and he is on MY HEALTH INSURANCE.

I got involved with a person who used me, now he wants both kids and doesn't want to go to court, but do a parenting agreement between his lawyer and mine. I have limited funds to fight this ordeal.

HELP any advise is so welcome.
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Old Aug 22nd, 2011, 12:06 AM   #2
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Default Re: New Mexico - Limited Funds Limited Law Knowhow

I wish to inform you that you can have custody of 1st child as that child does not belong to your husband and thus he cannot have that child's custody. Further, as regards second child custody will remain with the parent which is in the best interest of child. In this, you may claim custody showing that father will not be able to take care of child. You may show that father is having a new girlfriend and cannot provide the right environment for the child. You must get the parenting agreement registered in the court in New Mexico. The court will consider all the facts and decide the matter.

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Old Aug 22nd, 2011, 11:19 AM   #3
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Default Re: New Mexico - Limited Funds Limited Law Knowhow

Courts tend to leave children with a parent as long as they are doing well as your lawyer probably has advised you. One can use the system to try for any whim they wish, unfortunately. I would ask your lawyer about requesting legal fees award from him for this meritless custody battle.

Some people who have never had full time care of children view them as objects to be moved about at whim and will. They use the legal system to batter the ex, the hapless children caught in between. They should be forced to pay the bill when they lose, in my opinion. In some cases they have -- for bringing a frivolous suit or raising meritless issues.

As to the parenting plan, without the court's sanction, it may be hard to enforce. Ask your lawyer.
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Old Aug 22nd, 2011, 11:56 PM   #4
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From the facts it is sure that you will get the custody of the 1 child as the child is not belongs to him. So he cannot claim for custody over that child. Regarding the second child he may claim for custody, but he has to prove that he is able to take care of the child and can provide all benefits for the child’s upliftment. Remember in custody cases court will consider the best interest of the child. So you have to convince the court that it will not be fair to give custody of the child to the father in the best interest of the child. You may take the defense that the father may not be able to provide all benefits to the child and may not look after the child properly. You may claim that the father is having a girl friend so he may not be able to provide sufficient time for child’s care. You may have a parenting agreement, but you have to get it certified before the court. It is better advised that you may discuss this issue with your attorney (if any) and direct him to take appropriate steps.
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