What are my rights to custody since I moved out of state and willingly left my child in his father’s care?

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What are my rights to custody since I moved out of state and willingly left my child in his father’s care?

My child’s father and I were never married, I moved out of state and left my child in his father’s care under a verbal agreement that it would just be for this school year. I have recently discovered that my child spends most of his time at his grandmother’s house and his father isn’t taking the best care of him. I want to get custody.

Asked on October 3, 2012 under Family Law, New Mexico

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you want to achieve some semblance of physical custody with respect to your child, I suggest that you consult with a family law attorney to see what legal recourse that you can obtain. Most likely to be on the safe side you will need to file a petition in the county where your minor child resides seeking physical custody of him.


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