Legal Question in Family Law in New Mexico

Re: Child livng arrangement

The standards for child custody determination say that the court shall consider the wishes of a child over 14 in a custody determination. The child's wishes do not bind the court, however.

The grandparents could start a kinship guardianship action to get custody of the child, but if you are willing and able to take care of the child they should not prevail. There are several options you have to get the child back - one case I read was initiated by a petition for a declaratory judgment. You may be able to just file a petition for child custody determination and ask the court for an order. You may also conceivably be able to charge grandparents with crime of custodial interference but because you gave them the child voluntarily you may not win that.

From my experience with 15 year olds I would be inclined to let him stay there and try to arrange visitation rather than start an expensive and time-consuming legal action.

If you want to do legal action you need a lawyer. If you have no money you could try to contact Pegasus Legal Services for Children in Albuquerque, or call the Law Access hotline. I can't put phone numbers in this response but you can find them in the phone book or online.