Albuquerque Fathers' Rights Attorneys

Handling Fathers' Rights & Paternity in Bernalillo County & throughout 
New Mexico

Establishing paternity is very important. It provides many emotional benefits for the child or children and legally entitles the children to the same rights as those of a child whose parents are married. Our family attorneys at NM Divorce & Custody Law, LLC know the importance of having both parents in a child’s life and can help you with establishing paternity.


Call our fathers’ rights lawyers in Albuquerque today at (505) 431-4716 to schedule your initial consultation with our team.


 

 

"Tamara did a wonderful job, was super professional and very conscientious of her time and fees. Our divorce was amicable and she made it very easy. Thank you!."

Everyone’s support was wonderful, and so needed, during such a brutal, emotional, and heartbreaking time. - M.F.

Understanding Your Rights as a Father in NM

The laws in New Mexico give the opportunity to both the mother and the father to petition for custody and visitation arrangements. Despite the misconceptions, mothers are not favored over fathers. However, fathers must first establish their paternity in court before they can exercise those rights.

When paternity is established, the father can petition for rights such as:

  • Legal custody
  • Physical custody
  • Visitation
  • Involvement in important life decisions
  • Paternal grandparent visitation
  • Responsibility for the child's emotional and financial needs

What is Paternity?

Paternity is the legal status of fatherhood. In New Mexico, this means that a court or government agency has determined which individual is biologically the child’s father, often through paternity testing. It can also be established voluntarily by the parents when they sign an affidavit and file it with the Department of Health. A paternity case involves minor children when the parents are not in a legally recognized marriage.

Why Establish Paternity?

Not only does a child benefit from knowing and developing an emotional bond with both parents, but it also helps the child succeed and find security in knowing their parents. Once paternity is established, the child has the right to inherit benefits upon the father’s death, and the mother can receive child support to help in raising the child. As the established father, you will have rights and responsibilities towards the child including custody or visitation rights.

  • A child benefits from knowing and developing an emotional bond with both parents. 
  • It helps the child succeed and find security in knowing their parents. 
  • Once paternity is established, the child has the right to inherit benefits upon the father’s death, and the mother can receive child support to help in raising the child.
  • As the established father, you will have rights and responsibilities towards the child including custody or visitation rights.

You can establish paternity in a few ways in New Mexico. If your child was born during a marriage or within 300 days following divorce or widowhood, the child will be presumed to be that of the husband. If the child is conceived outside of marriage, paternity will need to be established either voluntarily or through a court order.

Voluntary Paternity Acknowledgement

When parents choose to voluntarily acknowledge paternity, they are able to avoid filing a paternity case and going to court. This form of establishing paternity requires signing an affidavit by both parents before a notary that agrees they are each the parents of the child in question. This affidavit is filed with the Department of Health and the father’s name is added to the child’s birth certificate. Parents are able to get paternity testing before signing if they are unsure of the parentage.

Paternity Petition

If you are unable to agree on who the father of the child is, you can file a paternity case with the New Mexico court. The father's rights lawyers at NM Divorce & Custody Law, LLC can assist you in this. If you are uncertain as the mother of who the father may be between two or more persons, or the alleged father denies paternity, the court may require all parties including the child, to submit to DNA testing.


Get started on your case today! Call our father's rights attorneys at  (505) 431-4716 to schedule your initial consultation with our firm.


 

What Sets NM Divorce & Custody Law, LLC Apart?

Passionate & Personalized Representation
  • We think outside the box to find the best solution for you and your family.
  • Our lead attorney has extensive experience in private practice & as a former prosecutor, and will take your case to trial.
  • Our team has 20+ years of experience.
  • We will manage expectations and not promise more than what the law would allow given the facts of your case.
NM Divorce & Custody Law, LLC NM Divorce & Custody Law, LLC
No nonsense, gets to the point!

Contact Our
 Team Today

We Are Here For You During
This Difficult Time
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
Learn More About
NM Divorce & Custody Law, LLC