Fathers’ Rights is a phrase often used in New Mexico. New Mexico courts and judges do not favor mothers over fathers despite common belief. This may have been the case decades ago, but is not true today.
Mothers cannot block you from seeing your children.
Neither parent can take the children permanently out of the state without the permission of the other.
Fathers have the right to be a part of their children’s lives which includes decisions regarding health care, schools, religion, and other important matters.
Even if you are behind in child support payments or even not paying – you cannot be prevented from seeing your children unless there are some other issues at play such as safety.
If you haven’t been paying child support and it’s established that you are the biological father, you might have to begin paying child support.
In many instances, establishing legal parentage is the first step.
If you’ve been prevented from seeing your children, and there are no safety issues or other concerns, the court frequently orders that you can see your children immediately.
Keep a cool head – if your ex (the bio mother) is playing games or blocking you from seeing your children – seek a lawyer – don’t engage with her.
If your children’s mother is in a relationship that you feel is not safe for the children, engage a lawyer immediately.
Seek a lawyer with real experience in custody cases for fathers. It is a very specialized area. Fumbling around with an inexperienced lawyer or one who does not have experience can be risky.
You get what you pay for in custody cases. Cheap retainers or low flat fees don’t typically provide you with full service or the lawyers attention. Some attorneys just show up for court. Staying out of court is the first and best strategy. It can possibly accomplish your goal and save you money.
If you and your ex are fighting, remember that your voice mails, text messages, and emails, can be brought into court and used against you. Don’t bite.
Remember, that just because your ex says something, doesn’t mean it’s true.
If you have additional father’s rights questions or need help with a child custody case, contact the Law Office of Dorene A. Kuffer.