Legal Question in Family Law in New Mexico
at what age is a child old enough to decide where to live.
Asked on 11/29/11, 11:36 am
1 Answer from Attorneys
John Watson
John Watson, Attorney at Law
In NM that age is 18. Lots of people get the age mixed up because the law says that at age 14 a child is able to voice his or her desires to a judge about his or her own custodial status. The law does not mean at age 14 a child can choose or decide. It means that at age 14 a child has a voice in the courtroom. So, what a judge can hear and decide upon is the child's wishes, the parents' wishes and other material submitted by each parent and the child and then the judge will make a decision. No where in that scenario does the child get to choose or decide anything. The state of New Mexico legislature does not let children make such decisions.
Hope this helps.
Law Guru
Answered on 11/29/11, 12:17 pm