Legal Question in Family Law in New Mexico

Child Custody

Hello, I have raised a child since birth, however not blood related. Recently his mother passed away and he now lives with his grandmother. The paternal father has never been and has no desire to be involved. My son calls me dad and has since he could talk. He is now 14. His grandmother is not allowing me to see my son at both our requests. He is very unhappy with this situation and wants to come live me as soon as possible. How old does my son, Alex, have to be able to say where he wants to live. What if any are my legal rights do we both have regarding this situation. I have witnesses that state that I have raised this child from birth and he calls me dad. Can you please help us?


Asked on 6/21/09, 9:32 pm

1 Answer from Attorneys
George Chandler Chandler Law of Los Alamos

Re: Child Custody

One path , the only one I know about, that you may take would be to petition for a Kinship Guardianship. A child who has reached his fourteenth birthday can nominate a non-relative to be his guardian under this statute (NMSA 1978 40-10B). You may have other paths - were you married to the mother or not? There may be other ways to do this.

You can get help with a Kinship Guardianship through Pegasus Legal Services, or Call Law Access New Mexico 18009801165.

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Answered on 6/21/09, 11:02 pm


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