Chatterjee: Domestic Partner Custody Rights Revisited

As a guardian ad litem (GAL) and domestic relations mediator in New Mexico, I take special interest in unusual court cases involving children.  In an important victory for same-sex parents, the Supreme Court recently reversed the Court of Appeals and held that a domestic partner and non-biological parent had plead sufficient facts to confer standing as a natural parent--and therefore to seek custody--where she alleged she held child out as her own by providing full-time emotional and financial support. Chatterjee v. King, 2012-NMSC-019.

DWI with Child is Endangerment--"Plus Factor" Not Required

Besides being a mediator and arbitrator, an important part of my practice is also serving as GAL for children and other vulnerable folks.  In this capacity, I've previously written that under NM law DWI and vehicular endangerment of the general public does not constitute child abuse.  Recently the New Mexico Court of Appeals has confirmed that a defendant is "properly convicted of child abuse" by endangerment when he drove a moving vehicle while intoxicated with a child present, even without additional indicia of unsafe driving.