Full question:
My ex is a two-time convicted pedophile who will be released from prison in August. What are his rights to a daughter he has never helped raise or paid child support for, and gave up his parental rights to in our divorce? We live in New Mexico, he in California.
- Category: Paternity
- Subcategory: Termination of Parental Rights
- Date:
- State: New Mexico
Answer:
If your ex is the biological father and has given up his parental rights, he may still petition the court for custody or visitation based on a significant change in circumstances. The court will determine what is in the best interest of the child. Given his history, any visitation rights might be granted only under supervision.
A parent can have their rights terminated either voluntarily or through a judicial process, which requires proof that they are unfit or pose a danger to the child. If parental rights are terminated, the parent loses all rights and obligations, including custody, visitation, and support duties. However, any back child support owed may still be pursued.
In New Mexico, a court may modify custody determinations from another state only if certain conditions are met, such as the other court relinquishing jurisdiction or determining that New Mexico is a more convenient forum (N.M. Stat. § 40-10A-203).
New Mexico also allows for supervised visitation programs to ensure the child's safety during visits (N.M. Stat. § 40-12-5.1). This program can be requested by a parent or ordered by the court.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.