Padilla Law, P.C. was invited to participate in a high school career fair at Fort Lewis College in Durango, Colorado. More than one thousand local students from three area high schools attended the event. Beth Padilla was a presenter for the criminal justice panel. Ms. Padilla majored in criminal justice at Indiana University prior to attending law school. Padilla Law thanks all of the students, staff, and Fort Lewis College for their involvement in the event.

The event was also featured in the Durango Herald: http://durangoherald.com/article/20140109/NEWS01/140109563/0/NEWS01/High-school-pupils-ponder-possibilities-

-- Paul E. Padilla

This week, the New Mexico Court of Appeals ruled that if a parent’s parental rights are terminated, his or her financial responsibility for the child is also terminated. 

Previously, if the New Mexico Human Services Department terminated a parent’s rights, the parent still had to pay child support to the other parent or the State, if the child was in foster care.

In Colorado, if the Department of Human Services terminates a parent’s rights, the parent no longer has to pay child support.  However, if a parent voluntarily relinquishes his or her rights, they still have to pay child support.  This distinction is to ensure that parents don’t abandon their children simply to avoid financial responsibility.

However, in New Mexico, because the Court of Appeals created a new rule based on the circumstances of a single case, rather than creating a statute that makes a distinction between voluntary and involuntary termination, parents can potentially end their financial responsibility by giving up their parental rights.

Unfortunately, this may incentivize many parents to simply give up their parental rights to avoid paying child support.

The New Mexico Supreme Court may still reverse this decision.  However, until it does, there is no distinction between voluntary and involuntary termination, which may cause significant problems in enforcing child support orders.

Attorney Beth Padilla was chosen as the first attorney to be featured in the Office of the Child's Representative's quarterly newsletter section entitled, "Meet an OCR Attorney." A portion of the article is re-published below:

"Beth Padilla practices in the Sixth and Twenty-Second Judicial Districts in Colorado. She is licensed to practice law in Colorado and New Mexico.

Q: Why did you choose to practice child welfare law?

A: I studied juvenile and family law in law school and was interested in the subject matter. However, I did not practice child welfare law until I relocated from Denver to Durango, Colorado and opened a firm with my husband, Paul Padilla. I decided to contact OCR on the advice of a mentor and judge. It made sense to me that I might be able to help kids in southwest Colorado because I am bilingual in English and Spanish and have an immigration background.

Q: What has been the most rewarding moment for you while working with
children and families in the dependency and neglect system?

A: One of the first D&N cases I received was a family of three young children. The children were removed from one foster home and placed into another based on allegations of abuse. One of the kids, aged six, was asked by a caseworker who the child would contact if he felt unsafe and he responded that he would call his GAL. I was so excited that he not only remembered me but also would turn to me if he felt unsafe in his new placement.

Q: What drives you to continue in this line of work?

A: I am driven to continue with child welfare because I really think I can
help the kids in these cases. The kids in dependency and neglect cases need an adult they can talk to and that is looking out for them. I try to be that
adult."