Messages

sent, thank you all, now maybe I can get somewhere with this lol.

Ok, I know soc isn't here but maybe someone can point me in the right direction.

How do I go about getting the criminal record and driving record of my ex? I'd also like copies of police reports etc. from any incident involving her.

I have looked, but I can't seem to find any information regarding who the information can be released to or how to request it, or even if it is confidential and can't be requested.

The jurisdiction is NM, and I'd like to get the info without a court order as I want to avoid tipping her off that I have it.

Thanks....

Hi Soc,

All parties/orders in New Mexico.

Mom is CP, I have every other weekend/one weeknight/all holidays and summer vacation visitation.

The CP, her husband and my child live with the CP's parents. I have just learned that the CP's parents are getting divorced.

CP's parents have been making her car payment and basicly supporting her and my child for the last 6 months. CP has sold her car now because her mother, who is staying in the family home during the divorce (her dad is moving out) cannot afford to make her payment and insurance any more. There is some doubt as to whether CP's mom can even afford the payment on the house, as she is not seeking alimony and has not been employed for over 20 years.


I fear that my child may be thrust into an unstable situation very soon.

There is a strong documented history of the CP interfering and frustrating visitation, and outright ignoring court orders.

1) Would CP's parent's divorce be a change in circumstances in this case?

Due to the divorce, it is anticipated that CP will not have any money for an attorney in the immediate future.

2) Would it be advantageous to file any motions for custody and/or child support modifications now, while she is without a lawyer or is that unethical?

1) Could someone really be that stupid?

2) So it doesn't mean anything? I can have my time as usual?

Yes there is a history, but my attorney won't do anything about it. She was ordered to produce medical records over a year ago and no-go so far. My atty won't push the issue, and i don't have the retainer to hire another one.

The CP has filed with the court a notice of non-availibility saying that my child won;t be available for visitation many dates this year, including over her birthday and many holidays which the parenting plan specificly states that I get. The reason given is "that the child will be out of town visiting family". I have never even heard of this.

1) What do I do to prevent this? I get two weekends a month and she is taking away at least one every month.

PS we have joint legal, and no where in the parenting plan does it say she can just change the visitation.

Ok, I understand that as the father if I sign a birth certificate and acknowledgement of paternity in the eyes of the law I am, for all practical purposes, the father of the child, and child support can be collected from me regardless of biological paternity.

What about the other way around?

1. What if the mother has someone else sign the birth certificate of my child? Do I lose my rights? How do I prove that I am the father and get visitation?

A friend proposed the idea to me of offering the CP a one-time lump sum payment in lieu of monthly child support payments. Not that I have the 55k that I will pay for the remainder of the time that the child is a minor just laying around, but if CP would take a one-time settlement of about 60% of that I could finance the amount for half the time it would take for my child to reach majority and still have a significant savings. Currently our order does not go by the state requirements, it's a mutually agreed upon amount.

1) Is that legally possible?

2) Could it be done via a stipulated order if so?

3) Could the cost of health insurance be included in the lump sum payment if so?

Thank you so much for your time.

My attorney is refusing to press the issue of the CP's noncompliance with a request for production. I plan on obtaining the documents that were requested by other means, however I find my attorney's reasons for not wanting to push for them (not wanting to ruffle the feathers of OC because of having that attorney as GAL for some of her other cases) ridiculous, and I want an attorney that has my best interests at heart.

1) What is the procedure for releasing your attorney and retaining another one? (in New Mexico)

2) When I mail CP my child support payments, does it matter legally if my significant other signs the checks and the enclosure notice?

3) It is standard for an attorney to not want to act on one case because of other pending cases they have? Is this ethical?

Thank you so much!

Thank you so much for your help on the previous issue.

This is a letter that I intend to send to CP.

My questions are,

1. is this ok?  

2. Any loopholes that jump out at you?



January 4, 2007


John Doe
111 Any Road
Anywhere, USA


Return Receipt Article CRRR# 0000 0000 0000 0000 0000
Re: Notice of intent to exercise parenting time


Dear Mr. Doe:

As per our court ordered parenting plan I am hereby notifying you that it is my intention to exercise court ordered parenting time on the following dates and times:

Beginning:   As shown on the attached Anywhere USA Schools Calendar, school is released for spring break on March 23, 2007 at 3 p.m.  I will pick up my daughter at 6 p.m. on March 23, 2007.

Ending:   As also shown on the attached calendar, school will resume session on April 2, 2007 at 8 a.m.  You may pick up Jane at 6 p.m. on April 1, 2007.

These dates and times reflect the spring break time that is ordered in the parenting plan.

Beginning:   (_____________________________)
Ending:   (_____________________________)

The aforesaid dates constitute my two consecutive weeks of parenting time during the summer as ordered in the parenting plan.

Since these dates and times reflect exactly what is ordered in the parenting plan, that I have my daughter for spring break this year, and that I notify you by May 1 of each year of the dates I intend to utilize my summer vacation time, I expect that this will not be a problem for you.  If you wish to respond, please do so by Certified U.S. Mail by January 30, 2007.  If I receive no response to the contrary, I will assume this to be acceptable to you.

Also you have, to date, failed to comply with the request of the Anytown District Court to give to me all of my child's school and medical records.  If these records are not forthcoming, my attorney is prepared to file a motion to have you held in contempt of court, an offence punishable by a substantial fine, jail time, and/or order to pay all legal fees and court costs associated with having to compel you to give me the documents.  If you have not delivered these records to me by January 30, 2007, or responded by Certified U.S. Mail by the same date as to why you refuse to give me these documents, I will assume that you are intentionally disobeying the court's request and will have no other choice but to have the aforesaid motion filed.  

I trust you realize that it would not be in my child's best interest to have a parent in jail, and that you will be forthcoming with the required documentation and that this action will be unnecessary.

I look forward to seeing Jane this spring break.

Sincerely,



Jane Jones

CC: Mary Smith,  Smith Law Firm

Thank you so much. I will let NCP know. I guess it's sad when relations between parents break down to this point. Sadly for him it is indeed not a matter of choice, because the CP has taken the child 1000 miles away before to prevent the NCP from seeing the child, before there was an order for custody. He feels like sense she has done it before, she will do it again.

Thank you so much!