Legal Question in Criminal Law in New Mexico

parental rights criminal offence

My nephew has been indicted on two counts of felony capital murder. One victim is the mother, though they were not married, but did co-habitate. He wants his son placed with his (the fathers) side of the family. The 15 mo. old boy is in temporary custody of the victims brother, this childs uncle. Does the father retain his citizen rights to make such a choice? Can we pursue adoption or gaurdianship.


Asked on 6/17/09, 9:26 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: parental rights criminal offence

Any blood relative may file for custody. The Court will place the child with the person most qualified. The father does not have the right to dictate where the child will live or with whom. It will, however, require a court action for guardianship of the child.

Read more
Answered on 6/17/09, 6:43 pm


Related Questions & Answers

More Criminal Law questions and answers in New Mexico