Establishing Paternity case and Parental Rights in Albuquerque, New Mexico

 

There’s a spark in the air and the times they are a-changing.

Many fathers are using these changing times as a catalyst to establish parental rights or re-unite with their child.  At the same time, many fathers find that they have many questions regarding the legal process involved.

Let’s discuss the common questions about establishing child custody and parental rights in Albuquerque, New Mexico.

 

IS IT POSSIBLE TO ESTABLISH PARENTAL RIGHTS BEFORE A CHILD IS BORN IN ALBUQUERQUE, NEW MEXICO?

No. A parent can open the paternity case before the child is born.  However, paternity cannot be established until after the child is born. See 40-11A-611. When the child is born, paternity can be established when both parties agree on paternity case – signing the necessary papers.  In situations where paternity is denied, the necessary case can be opened and the court will order a DNA test to be completed.

 

HOW ARE PATERNITY CASE AND PARENTAL RIGHTS ESTABLISHED IN NEW MEXICO?

For unwed parents, paternity is established when the parties complete an Acknowledgment of Paternity.  Paternity can also be established through the courts, where the court “adjudicates” the alleged father to be the child’s father.

In situations where the alleged father denies paternity, a court hearing and/or paternity test can be scheduled by filling a Petition to Establish Paternity, Custody, Timesharing and Child Support.  The mother or father may be required to pay for the initial test, but the fees can reimbursed depending on the test results.

 

DOES ESTABLISHING PATERNITY GIVE ME PARENTAL VISITATION AND CHILD CUSTODY RIGHTS?

Signing an Acknowledgement of Paternity, or being listed on a child’s birth certificate, does not automatically grant a parent the right to parental visitation or child custody.  A man, however, can use paternity to request custody and timesharing from a New Mexico court.

Often, sign an AOP but is still denied parental visitation.  In these situations, the police generally will not get involved, unless there is a valid and enforceable court order.  The necessary Petition is then filed, to begin the legal process to secure an enforceable order.

New Mexico law assumes that it is in a child’s best interests for fathers to have joint legal custody. Joint legal custody enables both parents to make decisions regarding the child’s medical/dental, religion, education, and extra-curricular activities.

New Mexico law also assumes that a child is best served when fathers have well defined and predictable periods of visitation with the child – provided that the visitation is in the child’s best interests.

Ultimately the court is “child centered” and decides custody and visitation issues in the child’s best interests.

 

DO I NEED AN ATTORNEY TO ESTABLISH PATERNITY AND PARENTAL RIGHTS IN ALBUQUERQUE, NM?

You are not required to have an attorney. Likewise, you are not required to have a mechanic fix a complex issue with your car.

Although you can establish paternity case without a lawyer, you will likely have a number of legal questions along the way.  An experienced attorney by your side can ensure that your legal rights are being recognized and that the process goes as smoothly as possible.  An experienced attorney can keep you from being bullied by your ex, or having to unnecessarily communicate with your ex.  An experienced attorney can prevent unnecessary stress regarding filing the necessary papers, serving the other party with the papers, and appearing before a judge.

 

WHY IS IT IMPORTANT TO ESTABLISH PATERNITY IN NEW MEXICO?

It is important to establish paternity for several reasons:

FINANCIAL SUPPORT:

New Mexico law requires both parents to support the child. Establishing paternity enables the child to receive financial support from both parents.

MEDICAL:

Establishing paternity enables the child to be added to either parents’ insurance.

BENEFITS:

Establishing paternity enables a child to receive a father’s benefits including: Social Security insurance benefits (i.e. auxiliary benefits), inheritance, veteran’s benefits, and other potential benefits.

RIGHTS:

Fathers and mothers have the same rights, when paternity is established.  This does not mean, however, that both parents have the right to 50-50 timesharing, or any particular system of timesharing.  For children under two, the court prefers for the child to have one primary home, with the other parent having short, frequent, and predictable time with the child.

 

HOW ARE PATERNITY CASE, CHILD CUSTODY, AND PARENTAL VISITATION RELATED?

Paternity grants a father legal rights.  These rights include the right to pursue child custody, and the presumption that joint legal custody is in the child’s best interests. This right also includes the right to pursue physical custody (visitation/timesharing) and the presumption that it is in the child’s best interests for the father to have well-defined periods of timesharing.

This does not mean, however, that fathers have a right to 50-50 timesharing, or any specific timesharing system. When parents cannot agree on timesharing, the court will always determine what timesharing is in the child’s best interests.

DOES IT MEAN THAT MOTHERS GET SOLE LEGAL CUSTODY JUST BECAUSE MOTHER AND FATHER WERE NEVER MARRIED?

No.  Parents have equal rights to a child whether they are married or not.  New Mexico law presumes that the parents should share joint legal custody (rights to make decisions on the child’s behalf), and joint physical custody (right to have visitation with the child).

With this said, NM courts can grant one parent sole legal and physical custody in situations where doing so is in the child’s best interests.  This may include situations where a parent is unfit or unable to provide adequate safety, care, or maintenance for the child.  This could include situations where a parent has mental health or substance abuse issues that adversely affects the parent’s ability to adequately care for the child.

 

MOTHER AND THE CHILD LIVE IN NEW MEXICO, BUT I LIVE IN ANOTHER STATE. WHERE DO I FILE TO ESTABLISH PARENTAL RIGHTS?

Probably New Mexico.  If the child was either born in New Mexico, or has lived in New Mexico for six consecutive months, then NM is the child’s “home state.”  In this situation the child custody case should be opened in NM.

 

WHAT ARE SOME OF THE POTENTIAL PROBLEMS WITH NOT ESTABLISHING PATERNITY CASE IN NEW MEXICO?

 

CHILD RELOCATION

Failing to establish paternity could enable the mother to remove the child from New Mexico.  This act could require the child custody case to be opened in another state, which could increase the time and expense involved.

 

ADOPTION

Failing to establish paternity could lead to a third party, or step parent, adopting the child.  In situations where a father has failed to register with the putative father registry within ten days of the child’s birth, and is not otherwise an acknowledge father, the court can relinquish the father’s rights without the father’s consent.  See 32A-5-19.

 

Failing to provide a child with support or communication can also lead to the court terminating a father’s rights, without the father’s consent.  See 32A-5-18.  For instance, the court can imply a father’s consent to an adoption when:

• The child is under the age of six, and the father left the child without support or communication for a period of three months.
• The child is over the age of six, and the father left the child without support or communication for a period of six months.

 

HOW DO I RE-UNITE WITH A CHILD THAT I HAVE NOT SEEN IN YEARS?

At times fathers desire to reunite with a child, yet the mother denies the request.  In these situations, similar to establishing paternity, the father needs to file a Petition to Establish Paternity.  Once paternity is established the court will determine if communication or visitation is in the child’s best interests.  In this respect, New Mexico courts generally believe that there can be long term developmental repercussions by rapidly disrupting a child’s consistent and predictable lifestyle.

Because New Mexico courts believe that it is in a child’s best interests to have stability and predictability, the court is reluctant to disrupt a child’s “status quo.”  As such, the court may determine that a family therapist should become involved with the matter to perform “re-integration therapy” (for absences of 6 months to a year) or “re-unification therapy” (for longer absences).

The therapist will determine the therapeutically appropriate speed for the child and father to re-unite.

 

(505) SANCHEZ IS HERE TO ANSWER ALL OF YOUR QUESTIONS ABOUT ESTABLISHING PATERNITY CASE AND PARENTAL RIGHTS IN ALBUQUERQUE, NEW MEXICO

 

Do you still have questions about establishing paternity case and parental rights in Albuquerque, New Mexico?  Establishing paternity case and parental rights in Albuquerque, New mexico often requires the experienced hand and knowledge that comes with years of courtroom practice.  Matthew Legan Sanchez has the experience needed to handle your unique case.  Sanchez can be reached by calling (505) SANCHEZ.