How canI get visitation rights or custody of my daughter?

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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 10 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.


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