How do I get full rights to child custody? Posted on May 31, 2011

My son's divorce was in New Mexico about 8 years ago and his ex-wife has custody of their son. She has had problems with drugs and has been arrested twice. During the first arrest, my grandson lived with his grandmother in NM. My grandson was back with his mom last year while she was drug free and had remarried. She is back to using drugs again and my grandson recently moved back with his grandmother. He is almost 13 years old. During all this time, my son never missed a child support payment. He also talks to his son at least once a week, many times more often. He was married last year and has had a steady job. My son would like to gain custody of his son. He has limited income and so do we. Is it possible to change a customer agreement without an attorney? Or will a Legal Aid attorney handle something like this? Since the divorce was in NM, does this need to be filed in NM?My grandson stays with my son in Georgia during the summer and is currently with him. If my grandson is in Georgia and wants to stay, does this still need to be filed in New Mexico instead of Georgia? Travelling to NM to appear in court is also a problem due to expenses and time away from my son's job. Would the grandmother in NM have rights to file for custody?Does my grandson have a right to make a choice of where he wants to live at this time? Whether he decides he wants to live with my son in GA or with his grandmother in NM. Also, if my grandson decides to live with his grandmother in NM, how would my son alter the child support agreement so that his ex-wife doesn't use this money for her drugs?

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