Legal Question in Family Law in New Mexico

My 14 year old granddaughter wants to have me as her legal guardian, is this possible? She lives with her mother and stepfather. The stepfather is very abusive towards the 14 year old, and does nothing to the younger sister. What can I do to help her?


Asked on 7/04/16, 10:18 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

If the adult is being abusive and the mother is failing to protect then you, or daughter, should call CYFD. They are listed or identified on the internet as Child Protective Services in NM. 1-855-333-SAFE (7233) or #SAFE from your cell phone. REPORT ABUSE. IF CPS does come out and makes a finding of abuse and asks the child to go live with you that will be your first step in gaining some 'legal custody.' There will be several and REQUIRED steps to follow. DO NOT just accept custody and do nothing else. You will be needing to file papers in the District Court.

Because of your granddaughter's age either she or you could file papers in the court to ask the judge to modify custody. You did not list your Zip Code so I cannot direct you to a specific court house; however, go to the District Court in your town and there is a Self Help Center that can help provide documents for you. They cannot tell you how to plead your case (including what to write) but they can get forms for you.

Good luck.

Law Guru

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Answered on 7/05/16, 6:13 am


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