Legal Question in Family Law in New Mexico

Tough situation. Your brother ought to see an attorney ow. His right to the child is protected by law, problem is getting the mother away from the ornery old man. One idea might be to get her emancipated, Chapter 32A-21 of the Children's code. This requires petitioning the Children's court, and she must be living away from her parents and supporting herself. Once emancipated she can enter into a binding contract, I think that would include marriage but it's not clear to me from the statute if emancipation eliminates the requirement that a minor 16 to 18 can only marry with consent of parents (marriage is a binding contract by definition). So your brother and the young lady should consult with an attorney who can answer that question. Father can ask for a restraining order and they are very easy to get, so your brother should be very careful not to do anything that could be considered harassment of threatening violence. Have her call him, tell him not to contact her. If father gets a restraining order your brother should get to an attorney right away to see if it makes sense to oppose it. Your brother should get with an attorney ASAP.