Top Father’s Rights Attorney in Albuquerque
EXPERIENCED AND AGGRESSIVE PATERNITY AND CUSTODY ATTORNEY IN ALBUQUERQUE
HOW DO I ESTABLISH FATHER’S RIGHTS IN ALBUQUERQUE, NEW MEXICO?
Looking for information on Father’s Rights in New Mexico? For unwed parents, filing a Petition to Establish Paternity, Custody, Time-sharing & Child Support is the necessary first step towards determining parental rights when the identity of the biological father is in question.
When paternity is contested, the court will order a genetic (DNA) test, through an agency of the parties choice. The test results are then used to establish a legal relationship between the parent and child and determine the extent to which the father has an obligation to support the child, according to New Mexico Law.
LAWS FOR FATHERS RIGHTS IN ALBUQUERQUE
Biological fathers are required to provide financial support for the minor, whether or not the father desires to play an active role in the child’s life. A father that does not want to play a role in his child’s life is unable to “waive” his ongoing financial responsibility, unless the both mother and father agree to terminate father’s parental rights, with another party adopting the child.
Petitions to Establish Paternity are typically brought by either the mother, the presumed father, or a government agency. These suits may be brought by the mother, the presumed father (in many instances the husband of the mother), the man alleged to be the father. In some situations a government agency (CSED) will file Petitions to Establish Paternity, when the custodial parent is requesting government assistance, yet is not receiving court-ordered child support.
FATHERS HAVE RIGHTS IN ALBUQUERQUE, NEW MEXICO
Are you a Father in Albuquerque that is being denied visitation with your presumed child and you lack a court order establish paternity, custody and timesharing? Are you a Father that is concerned that your child may be removed from New Mexico without your permission? Are you a Father that is being prevented from making decisions regarding your child’s school, doctor, dentist, religion, or extra-curricular activities? Are you a Father that is searching for an experienced attorney that can explain Father’s Rights in Albuquerque?
If you answered yes to either of these questions, then call an experienced and aggressive family law attorney that can guide you through the process of establishing your rights and father’s rights in Albuquerque. Call Matthew Legan Sanchez at (505) SANCHEZ.
FAQs FOR FATHER’S RIGHTS IN ALBUQUERQUE, NEW MEXICO
HOW DO I ESTABLISH PATERNITY IN NEW MEXICO?
There are several ways of establishing that you are the child’s Father:
- “Acknowledged father” means that you have established a father-child relationship by:
- Registering as the child’s father through the putative father registry or acknowledgement of paternity;
- Being named as the child’s father by birth certificate;
- “Adjudicated father” means that you have been adjudicated by a New Mexico court to be the child’s father. Paternity is generally established by adjudication, when one parent denies paternity. In these situations, paternity is established through a DNA test.
DOES ESTABLISHING PATERNITY GRANT ME CUSTODY AND VISITATION RIGHTS?
It is not enough to sign and file an acknowledgement of paternity. To establish legal custody and visitation, you must open a domestic matters case and receive an enforceable court order. The necessary case is opened by filing a Petition to Establish Paternity, Custody, Timesharing and Child Support. In Albuquerque, this Petition is filed with Second Judicial District Court. Once paternity is legally established, the court can enter an order regarding custody and visitation. Establishing paternity creates rights and responsibilities. By legally establishing paternity you will also have financial responsibilities to provide support for the child, according to the New Mexico child support guidelines.
WHAT ARE FATHER’S RIGHTS?
“Father’s rights” refer to the specific legal rights that fathers have in regards to their children. In New Mexico, Father’s rights may include:
- The ability to object to adoptions (i.e. third party or step-parent adoptions).
- Potential visitation rights;
- Potential right for clearly defined vacation, holiday, and school break visitation;
- Potential right for well-defined and enforceable periods of visitation and communication;
- Prevent the other parent from removing the child from New Mexico without permission;
- Presumption that it is in the child’s best interests for Father to have joint legal custody and ability to make decisions regarding the child’s education, religion, medical/dental, and extra-curricular activities.
HOW DOES PATERNITY RELATE TO FATHER’S RIGHTS?
For a variety of reasons, a mother may deny a father’s request to establish a relationship with a child and deny paternity. In these situations, the mother may deny paternity and the alleged father’s requests to have a say in the child’s development (legal custody) and the father’s request to have visitation with the child (physical custody). When paternity is denied, and custody and visitation are declined, it is essential to legally establish paternity and request custody and visitation. Paternity is generally established with DNA testing through an agency such as ABQ Drug Testing. Once paternity is legally established, the court will determine the appropriate timesharing that is in the child’s best interests. The court will also determine the appropriate form of legal custody. New Mexico law presumes that joint legal custody is in the child’s best interests. Joint legal custody essentially means that the father has the right to make decisions on behalf of the child regarding education, medical/dental, religion, and extra-curricular activities. Joint legal custody means that the mother is prevented from making major decisions without the father’s agreement.
HOW DO FATHERS ESTABLISH CUSTODY AND TIMESHARING IN NEW MEXICO?
In New Mexico, Fathers establish custody and timesharing by filing a Petition to Establish Paternity, Custody, Timesharing and Child Support. In Albuquerque, this Petition is filed with Second Judicial District Court. This Petition is necessary when the Mother is denying parentage, or denying visitation and communication with the child. In New Mexico, the police generally will not get involved with custody disputes unless there is a valid and enforceable court order that establishes visitation.
DO FATHERS HAVE THE SAME RIGHTS AS MOTHERS?
Yes. In New Mexico, mothers and fathers have the same rights. When parents are no longer together because of separation or divorce, and parents cannot agree regarding custody and visitation, the court will need to establish the appropriate custody and visitation.
Neither parent has a right to a specific form of visitation/timesharing. Each parent’s visitation with the child will be based on the child’s best interests.
New Mexico law presumes that joint legal custody is in the child’s best interests.
My eBook, Understanding Child Custody in New Mexico, is available free of charge and walks you through the legal process of custody, timesharing and child support in New Mexico.
WHAT IS A PARENTING PLAN?
A parenting plan is basically a legal contract that controls custody and timesharing. Parenting plans are often used to outline a parent’s rights and responsibilities. Parenting plans often include:
- Form of legal custody (i.e. joint legal custody or sole legal custody);
- Clear visitation/timesharing schedule;
- Holiday and vacation timesharing;
- Specific rights and responsibilities;
- Present status quo (e.g. school, doctor/dentist, religion) and what needs to happen to modify the status quo;
- Child Support;
- Tax deductions; and
- Dispute resolution methods.
DO I HAVE TO PAY CHILD SUPPORT TO SEE MY CHILD?
No. Child support and visitation are distinct and separate issues. One parent cannot prevent visitation or communication, based on the other parent’s failure to pay child support.
DO FATHERS HAVE A RIGHT TO 50-50 VISITATION?
No. There is a presumption in New Mexico that joint legal custody is in the child’s best interest. Joint legal custody provides fathers with the right to make decisions regarding the child and the other parent cannot make major decisions without the father’s permission.
Fathers do not have a right to specific periods of visitation. Fathers do not have a right to 50-50 timesharing. Physical custody (visitation) is based on the child’s best interests. When parents are unable to agree on the appropriate visitation/timesharing, the court must determine what timesharing is in the child’s best interests.
A child’s best interests is based on a number of varying factors. Read my eBook, Understanding Child Custody in New Mexico, to better understand how New Mexico courts determine the form of custody and timesharing that is in the child’s best interests.
HOW DO I PREVENT MY EX FROM MOVING MY CHILD FROM NEW MEXICO?
If you are currently going through a divorce, and a Temporary Domestic Order (TDO) was entered, the TDO prevents your ex from removing the child from New Mexico without your written approval.
If you were never married, and have not established paternity and custody through the court, you need to file a Petition to Establish Paternity, Custody, Timesharing, and Child Support and request a TDO. Once your ex is served with the TDO, your ex is prevented from removing your child from New Mexico without your written approval.
