Legal Question in Family Law in New Mexico

You have few options under NM law. Basically, she has committed no crime, although the age difference between her and her boyfriend could present them with a problem (she is underage). Unless you are willing to go to court to have a guardian appointed for her because she is not able to make good decisions or act in her own best interests, there is nothing you can do. The idea that someone won't "let her go," is describing a criminal act of false imprisonment or kidnapping. Probably that excuse is lacking in truth, but if it were true the authorities would take action on the evidence. The law is not of much help to you in this area.

Under the Children's Code there is a "Families in need of Court Services Act," that provides that a police officer may take into custody a child who is believed to have run away from home. 32A-3B-3. The officer must deliver the child to the Children Youth and families Department, which may either return the child to parent or guardian or place the child. 32A-3B-4.

It also appears you can petition the Children's Court, with the approval of the Children's Court Attorney, for the CYFD to provide you familiy with services - and the court can order the child taken into custody for CYFD to proceed further.

Dealing with CYFD is not likely to be quick or fun, and she may be 18 by the time they do anything.

There is a statute 30-4-4C that can be used called unlawful interference with custody, a fourth degree felony, that could also be useful here - perhaps a threat to use this will cause the mother to retuurn your daughter.

On the other hand, when she's 17 and pregnant, your options have been pretty well exhausted. Maybe she would like to be emancipated by a court - a petition under 32A-21-7. If you're leaving the state you could either emancipate her or give somone a medical power of attorney or caregiver's affidavit so she can get medical care - or maybe her boyfriend's mother can be her guardian.