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Minor Children

Top 10 Things Not to Do During Your Divorce


Top 10 Things NOT to Do When You Divorce

Here are the top 10 tips onwhat to avoid when filing for divorce.

1. If you’re a woman, don't get pregnant. If you’re a man don’t get anybody pregnant.

Having a new baby during the pendency of your divorce is problematic. Not only is not healthy for you or the baby, but it can be off-putting to the Court should the judge find out. Likewise, if you’re a man, don’t get anybody pregnant. Although New Mexico is a no-fault state, the Court won’t be happy to hear that Dad has a new family in the making before he’s even divorced.

Child Custody and the Gay Parent

New Mexico recognizes marriage between same-sex people. Our New Mexico Supreme Court "legalized" same-sex marriage in December of 2013.SeeGriego v. Oliver.

The Court said in an unanimous decision that it is unconstitutional to deny marriage licenses to gay and lesbian couples.

"We hold that the State of New Mexico is constitutionally required to allow same-gender couples to marry and must extend to them the rights, protections, and responsibilities that derive from civil marriage under New Mexico law," Justice Edward L.

Grandparents and Child Custody Part Two

There are three conditions where grandparents can petition the Children's Court for custody of their grandkids. The New Mexico Grandparents Visitation Privileges Act provides the following scenarios:  

We discussed one of those scenarios in our November 28, 2014 installment. That article focused on the Kinship-Guardianship process whereby grandparents can petition for custody and guardianship for their grandchildren in cases where the biological parents have left the children with grandma and grandpa for an extended period of time and with no real end in sight.

Custody and the Single Dad

What do you do when the "baby's momma" doesn't want to let you have visitation? I get this question a lot from guys who are dads but aren't married to the mother of their child(ren). In fact, I was just in Court dealing with this common situation just yesterday.

Oftentimes couples believe they can work things out without formalizing anything. I will ask a client if they have an actual parenting plan drawn up with the other parent. Most times they do not. People simply assume they have inherit parenting rights.

What is a Abuse and Neglect Custody Hearing?

I represent many people including children in child abuse and neglect cases. These cases have increased dramatically in recent years and the television news and newspapers publicize many of these cases. Because these cases are very unique in terms of the law and rules governing them, most people simply are not familiar with the nuances of the law including most lawyers.
The custody hearing which is the first legal proceeding held at the initiation of the abuse and neglect case. This hearing must be held within ten days of CYFD filing an ex parte order and taking a child or children into custody.

Minors and Emancipation

This week I had a young client ask me the details of emancipation which means basically becoming an "adult" in the eyes of the law. As everyone knows, the law of majority in New Mexico is 18. Yet there are some circumstances in which a teen can become a legal adult before reaching their 18th birthday. Here's what New Mexico law says:
 
A child can become emancipated once the child reaches the age of 16 and meets one of the following requirements: validly married, or on active military duty, or been declared "emancipated" by the district court.
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