Legal Question in Family Law in New Mexico
What is age may a child choose what parent they would like to live with?
Asked on 12/22/09, 11:17 am
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
If the child is of normal intelligence and understanding, and not under any mental disability, the courts will normally respect the wishes of a child who has attained the age of 14. The child at that age does not have an absolute right to choose the parent with which to reside, as the best interests of the child are always looked at by the courts. If the home the child chooses is otherwise appropriate, then usually the court will permit the child to reside there.
Answered on 12/29/09, 3:36 pm