After 3 months of waiting to get a court date for determination of custody, the mother of my child filed a motion to dismiss the petition I filed because I filed in Bernalillo County, she as well as my child resides in San Miguel County. Her attorney filed this motion on grounds of the statue below.... *** NMSA 40-11A-605 Venue. Venue for a proceeding to adjudicate parentage is in the county of this state in which: A. the child resides or is found; For the last 2 months after waiting for this telephonic court hearing which is tomorrow, I have put GOD first in everything I do.. I have trusted he is working in my favor. Even if I have to go to that Worthless town of LAs Vegas to re-file and spend another $200+ travel expenses. VENUE FOR A PROCEEDING TO ADJUDICATE PARANTAGE ?????? This statue says nothing of the petition I filed !!! I filed to Determine Custody !! Not Adjudicate Parentage, in other words is find out who the Father is. These are two very different categories under NMSA statues 1978 . I already got a DNA test in San Miguel county and was determined the Father ! On the basis of the evaluation, an appropriate recommendation for settlement shall be made to the parties. Based upon the evaluation, the judge, hearing officer or master may enter an order for temporary support consistent with the child-support guidelines as provided in Section 40-4-11.1 NMSA 1978. 40-15-2. Legislative purpose. The purpose of the Family Preservation Act is to confirm the states policy of support for the family and to emphasize the responsibilities of parents and the state in the healthy development of children and the family as an institution. The Family Preservation Act is also intended to serve as a benchmark against which other legislation may be measured to assess whether it furthers the goals of preserving and enhancing families in New Mexico. History: Laws 2005, ch. 68, ยง 2. Dismissing my petition will cause relitigation, and prevent the best interest in a child which is for the child to maintain a stable relationship with both parents. The obligations owed by both parents to a child include the obligation to personally care for, support, educate, give moral and spiritual guidance and provide a home and the love and security that a home provides. I have so much more argument !! But can not disclose in public due to a privacy act. This is only to counter his reason for motion. Love you Ariani . God is Real.
Posted on: Thu, 10 Oct 2013 10:14:20 +0000
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