Child Custody False Allegations

Summary

The user is facing a child custody dispute in New Mexico where false allegations of child molestation have been made against him. The case was closed by the DA and Child Services had no concerns, but the mother is still using it against him in the custody case. The user is currently living in a travel trailer and working in the oil field, but is willing to make changes for shared custody or unsupervised visitations. He is also under an order of protection and court-ordered domestic violence class due to false statements. The user is considering hiring a lawyer and is able to make payments for one. He was advised to gather all necessary documents, consider legal representation, and contact New Mexico Legal Aid for assistance.

Full Conversation

child custody- the mother made false allegations against me that the DA closed the case on. but she still is trying to use it against me in custody case. she wants full custody with no visitations.
What state are you in, ****? This will help me provide the most accurate information regarding child custody laws in your location.
NM
What evidence do you have to counter the allegations made against you? In New Mexico, child custody decisions are based on the best interest of the child.
the DA wouldnt even take the matter to court. child services had no concern with her accusations
What was the nature of the allegations made against you? In New Mexico, the court considers the moral character of the parents when deciding custody.
said i molested our own son
What steps have you taken so far to defend yourself against these allegations in the custody case?

In New Mexico, false allegations can be considered by the court when determining custody.
the judge is already aware that the case has been closed. but she has brought it up in her parenting plan
Have you consulted with a lawyer regarding this matter? In New Mexico, it's crucial to have legal representation in such serious allegations, especially in child custody cases.
no i havnt. didnt know if i needed to if i havnt been charged with anything and nothing filed
Do you have any documentation or proof that the DA closed the case and child services had no concerns? This could be crucial in your custody case.
no. but it can probably be easily obtained
It's important to obtain that documentation as it can significantly help your case. Do you know how to request these records from the DA and child services?
no
You can request these records by contacting the DA's office and Child Services directly. It's crucial to have this documentation for your custody case.
i have no problem with her having full custody. but she wants no visitatation what so ever
What is your relationship with your child like? In New Mexico, courts generally favor arrangements that allow both parents to have a meaningful relationship with their child.
i have two boys with her. age * and *. they love me dearly. im their super hero.. i havnt got to see them in 6months
That sounds tough, ****. Have you tried mediation or a parenting coordinator to help with visitation arrangements?
no. she has proposed her parenting plan and so have i. i guess itll go to jury trial
What are the main differences between your proposed parenting plan and hers?

In New Mexico, courts consider the wishes of the parents and the child's relationship with each parent.
she wants sole custody with no visitations/supervised if any.
What is your proposed parenting plan?
at the moment im wanting unsupervised visitations atleast. which will be changed as soon as i get back on my feet
What steps are you taking to get back on your feet? This could be crucial in demonstrating your ability to provide a stable environment for your children.
currently im living in my travel trailer. i work in oil field
What steps are you taking to provide a stable living environment for your children?
just working. if i know i would have a chance at getting shared custody, i will find a house and get out of my trailer
What is your current financial situation? Are you able to provide for your children's needs? In New Mexico, the court considers the financial stability of each parent.
absolutely. i work 14 days on * off.
What is your plan for childcare during the time you're working in the oil field?
that is something i would make changes for. even if it meant different employment. something we both could aggree on
What is your plan for addressing the allegations in court?
what should i do?? if the allegations do happen to come up?
i don't know how to address the accusations other than the proof from DA and cyfd that there is no case and that she lied
Have you considered hiring a lawyer to help you present your case effectively in court?
do u think i need one??
Given the seriousness of the allegations and the complexity of child custody cases, it would be beneficial to consult with a lawyer. They can help you navigate the legal process effectively.
what are the chances of her winning the case anyhow? does she stand a chance?
What is the current status of the case? Have any hearings been scheduled yet? In general, New Mexico courts prioritize the child's best interest. Having legal representation can significantly improve your chances.
i just sent my parenting plan to her and the courts yesterday. i guess they determine next hearing date after its received
What is the content of your parenting plan? It's important to include details about visitation schedules, decision-making responsibilities, and how you plan to meet your children's needs.
that i disagreed with her plan. and i want unsupervised visitations at the very least. or shared custody
What is your plan for ensuring the safety and well-being of your children during your unsupervised visitations or shared custody?
i am their father and shouldnt need to ensure anything..
What measures are you willing to take to ensure the court that your children will be safe and well-cared for during your visitation or custody?
and my question is- why would i need or have to fight for anything? i am placed on a order of protection and court ordered domestic violence class for * yr for no reason.. no charges or anything against me. just becase of false statements??? i never even had a chance
What evidence do you have to prove that the allegations leading to the order of protection and domestic violence class were false?
does she not have to have anykind of evidence to make these allegations??? how can any of this even be ordered without even hearing both parties defense??
What steps have you taken to challenge the order of protection and the requirement to attend a domestic violence class?

In New Mexico, you have the right to request a hearing to present your evidence and challenge these orders.
order of protection is almost up for the kids. her not till next year. i have no idea why i have to take the * week class that costs me *$, and no dometic violence charges or convictions
What steps have you taken to challenge the requirement of the *-week class? In New Mexico, you can request a hearing to dispute this requirement.
i wasnt aware of that. thats why i need an attorney. right?
Yes, an attorney can guide you through the process of challenging the requirement and help you navigate the complexities of your case. Have you started looking for one?
no i havnt. simply because she has no attorney either
What is your financial capacity to hire an attorney? Legal representation can be crucial in complex custody cases, especially when false allegations are involved.
i know i would have to come up with reatainer fee.. i cant get legal aid because im not the "victim" in the matter.
What is your current financial situation? Are you able to afford a private attorney or would you need to seek out low-cost or pro bono services?

In New Mexico, there are legal aid services available for those who cannot afford a private attorney.
i can make payments for one.
What is your budget for hiring an attorney? It's important to know this before starting your search. In New Mexico, there are legal aid services that offer payment plans.
i can afford *-*$ a month max.
What is your location in New Mexico? This will help me provide you with contact details of the nearest court and legal aid services.
Tucumcari. legal aid said they couldnt help me cuz im not the victim
What specific services did you request from the legal aid? In New Mexico, legal aid services can provide assistance with family law matters, including child custody disputes.
family law/custody. said if i was the victim of anyind of domestic violence etc. then they would provide their services
What is the current status of the order of protection against you?

In New Mexico, if you're subject to an order of protection, it can impact your custody case. It's crucial to address this in court.
no contact or 500ft from kids. same with her. but kids expire pretty soon. her feb.
What steps have you taken to ensure you can safely have contact with your children once the order expires?
nothing i guess. thats why i need advice
What is your plan to ensure a safe and stable environment for your children once the order of protection expires?
i have to get ready for my shift. pls send me some kind of info pls
Based on your situation, here are some general points:

- In New Mexico, child custody is determined based on the best interest of the child.
- False allegations can be considered by the court.
- Legal representation is crucial in such cases.
- Courts favor arrangements allowing both parents to have a meaningful relationship with the child.

For legal aid in Tucumcari, NM, you can contact New Mexico Legal Aid at (*) *-*.
thank you so much.. really, thanks
You're welcome, ****. Remember, it's important to gather all necessary documents and consider legal representation. Best of luck with your case.
thank you for ur time and patience
You're welcome, ****. If you have any more questions in the future, feel free to reach out. Good luck with your case.