Legal Question in Family Law in New Mexico

child welfare

I have custody of one grandson and now the mother asked me to keep her other (younger) son for awhile, the month I was to have him is up and she has asked me to keep him another month. I am told she is the same with this one as she was her first ie: leaving him crying in his crib while she sleeps. I've mentioned all this to childrens services but nothing is done even though they were involved with the first child. The mothers reason for the extension....she is living with her grandmother and her grandmother says the child isnt allowed. The mother and father are always in trouble with the law, the father is my son. Where do I stand legally I worry about this childs welfare I dont want another situation with him being taken then returned after a week she seems to have a way of convincing people she is innocent


Asked on 6/09/08, 8:00 am

1 Answer from Attorneys
George Chandler Chandler Law of Los Alamos

Re: child welfare

One thing you may be able to do is get a kinship guardianship. It requires either consent of at least one parent or certain other conditions, one of which is that the child lived with you for at least 90 days immediately prior to filing the petition and any parent with legal custody is unwilling or unable to care for the child.

I suggest you call the non-profit Pegasus Legal Services for Children in Albuquerque. They can provide you with services either free or on a sliding scale depending on your income. If you want to do it pro se (without a lawyer) the forms are on line at the web sites of the first (Santa Fe) and second (Albuquerque) judicial districts, go to nmcourts.com.

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Answered on 6/09/08, 2:00 pm


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