How canI get visitation rights or custody of my daughter?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How canI get visitation rights or custody of my daughter?
I recently married my daughter’s mother in February. She left with my daughter, who is 2 years old. back in September to visit family out-of-state. She keeps giving me excuses on why she doesn’t want to come back. All I want is for my daughter to see her dad. I work full-time; I have my own place for my daughter. What do I do or what can I do? I was under the impression the “vacation” would only be no longer than 2 weeks and it has turned into almost 3 months.
Asked on November 29, 2010 under Family Law, New Mexico
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You can file an Order to Show Cause with the court which will set a date for a hearing on the issues of visitation and custody. You should complete the Order to Show Cause (court form) requesting visitation and custody. You should also file an Application for Order and Declaration (court forms) in which you can state the reasons you are requesting custody and visitation. Your declaration will set forth the facts and is signed under penalty of perjury. File these documents with the court with a proof of service. The proof of service verifies the date of mailing the documents to your wife. You can use a court form or can write your own proof of service. If you write your own, it just says that you are over 18 and the attached documents were sent via first class mail unless otherwise specified to ________ (name and address of your wife) on ________ (date). The date you sign the proof of service under penalty of perjury should be the same as the date of mailing and the same date you file the documents with the court. When you file your documents with the court, the court will set a date for the hearing.
It would be advisable to check with the court clerk regarding the court forms I have mentioned because NM might have different names for these forms.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.