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New Mexico law does not have a specific statute that addresses the rights of single mothers.

As with other states, the rights of parents are secondary to the rights of a child. In all cases, if a court is to decide the living arrangements of a child and contact with parents, it will be based on the welfare of the child. The marital status of the parents is of little importance compared to the ability of parents to provide a safe and nurturing environment for the child.

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Q: What are an unwed mother's custody rights in New Mexico and where can I find the statue?
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You did not provide enough information to answer this question adequately. You can check the Illinois Revised Code or Statue Code which can be found on line. Most States in the United States of America recognize that within a marriage, each person (mother and father) possess exactly the same "custody" rights as one another. Most states presume and acknowledge that a child born IN wedlock is the child of the married persons. So, legally speaking, if you are married, you and your husband have the same rights to custody until a court of competent jurisdiction decides otherwise. Married mothers do not possess "sole custody" of their children simply based on the fact she gave birth to them. On the other hand, most States in the United State of America, concerning unmarried Women, recognize and adhere to the fact that children born OUT of wedlock remain in the sole physical custody of the child's mother until a court of competent jurisdiction rules otherwise. So, in summary, if you're married, you don't have sole custody...it is up to a judge. If you're unmarried, you do have sole custody unless/until a judge rules otherwise. Hope this helps. This is a very important issue...


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