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Paternity in New Mexico

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Resolving paternity in New Mexico

What is paternity?

Paternity is the legal or biological relationship between a child and his or her biological father. Paternity law deals with the rights of the legal father of a minor child in cases where the parents are not married.  Some of those rights include custody, decisions about the child’s upbringing, responsibility and the right to make decisions concerning the child’s welfare.[/vc_column_text][/vc_column][vc_column width=”1/2″][vc_single_image image=”195″ img_size=”medium” style=”vc_box_shadow_3d”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]How does New Mexico establish paternity?

  • There are a couple of ways to establish paternity. In New Mexico, a man is presumed to be the biological father of a child born during the marriage to the child’s mother or within 300 days of separation from the mother.
  • If the couple is not married, paternity can be established by filing an Acknowledgment of Paternity with the VTB or Vital Statistics Bureau.  Once the form is submitted, the Bureau will notify the mother, who then has the opportunity to dispute the father’s claim.
  • A paternity can also be established by a court decision. Any man or woman can file an Acknowledgment of Paternity.  If the suit is contested, the Court will order a DNA test to determine if the man is truly the father.
  • The New Mexico Supreme Court and some local district courts can establish paternity through the Parenting Package form.
  • If a parent is receiving Medicaid on behalf of a child the New Mexico child Support Enforcement Division has the right to settle paternity. If the man denies paternity The Support Enforcement Division can order a genetic test.  Only if the man is found to be the father will he have to incur the cost of the test.
  • Once paternity is established visitation and legal custody are determined by either the Courts or by both parties reaching an amicable agreement.
  • A parent has until the child reaches 21 to file a paternity case.

One of the best steps you can take to preserve your emotional and financial future when facing paternity, custody and child support issues is to consult with an experienced family law attorney.

PJ Hartman can educate you on paternity laws and discuss the legal options that apply to your individual paternity case.  Call today to make an appointment at 505-247-3335 or toll free at 888-710-0130.