Albuquerque & Rio Rancho Father’s Rights Attorney

It’s very possible that you do. This might be a case where proving paternity is the first order of business. Then if it’s physically established that the child is yours, you’ll have to pay child support. The question is: Do you have to pay back child support and how far back?

Sadly, this happens. And it’s horrible to live through. False accusations of this kind can begin with a police report, you receiving a temporary order of protection notice from the court; CYFD call, or a combination of actions.

Once you receive a temporary order of protection you’ll have a short time to respond. Don’t ignore this or wait to the last minute. It’s very important that you treat this seriously. Unfortunately, at this juncture it doesn’t matter if she’s falsely accused you. You have to defend your position either with, or without, an attorney. I’d advise hiring an experienced attorney. You get one shot and you need to know what to say and not say in court. If you’re representing yourself, it’s easy to get twisted, angry, or even tongue-tied. Get a professional to represent you. Often, you can be cleared at the first hearing and then it’s done.

Following a false accusation that is resolved in your favor, there are probably other issues you’ll need to address. Again, get solid legal advice. It’s worth noting that some family lawyers don’t do domestic violence or defense against orders of protection. Find an attorney that is familiar with this and all other matters related to your case.

If you’re the real bio-father, you have every right to be in your child’s life. And that includes regular visitation and decision-making. The mother can’t lawfully keep you out of the child’s life unless there is some safety reason for doing so. And even if you’re behind on child support – she cannot keep the children from you. The two issues are not linked in the State of New Mexico. If she’s blocking your access, court may be your only option.

Yes, she can and the court can order you to pay it. The question is: How far back can it go?

If you object to having your children moved away, even within the state – she does not have the right to arbitrarily do this against your objections. But you have to ask yourself the question: Are you objecting just to punish her and would it actually be beneficial to the kids to move? Sometimes the “ex” gets re-married and the new husband accepts a job out-of-state. Maybe the schools are better there for the kids. You should think about what’s best for the kids – not you. But, in most cases your consent is needed.

Nothing is “automatic” when it comes to your rights as a father. You would have to legally terminate your parental rights in order for another person to adopt your children. And that can’t happen without your written consent. Sometimes this is best for the children. But only you can make that decision. The new husband cannot override your parental rights.

Pay changes happen all the time – both increases and cuts. The law allows you to make adjustments to the amount of child support you are paying, but you’ll have to prove this change.

The mother of your children cannot retaliate against you by cutting off your visitation or communication with your children. New Mexico judges are very supportive of a father’s right to be in their children’s lives. Unless there is some compelling reason why the children should not be left alone with you, she cannot lawfully block visitation. You probably need a good, experienced attorney to advocate for you if this is happening.

A genetic DNA test will prove whether you’re the biological father. If your “ex” is unwilling to voluntarily cooperate in this – the court will order her to comply.

She can – but it’s against the law. Child support and your involvement in the children’s life are not linked.

If you’ve exhausted every avenue with your “ex” on your own – get a good attorney. Sometimes going to court is the only way. Family court is very different than other courts. Choose an attorney who practices exclusively family law with a minimum of five years’ experience.

Yes. If you and your “ex” are willing to work out the details and agree – you can draft your own written plan. There are samples on the internet to get you started or a good family law attorney can help you. A Parenting Plan is just a written agreement between both parents on how certain things will be handled. It can also change over time and probably should as the children grow older and their needs change.

The mother of your children can not usually just “pick up the kids and go”. As the other parent, your consent is typically required. But much depends on whether you have an existing agreement or Parenting Plan that permits might permit this. Regardless, if you as the father believe that any move might not be in the best interest of your children, challenge it.