Legal Question in Family Law in New Mexico

Re: A Child's Rights

This question sounds very similar to a previously posted question that was not so clear. The answer here is two fold: (a) as the concerned adult you should take charge and call Child Protective Services to report this situation involving the 12 year old if you believe the child is in danger; (b) there is nothing preventing the 12 year old from calling child protective services on her own. The question that hits me most here is why would any adult not step in and do this for the child. Putting the burden of having this child make such a report against her own parent is asking a whole lot from the child. If you are encouraging the child to report her living conditions to someone then encourage her to speak to her school counselor.

Something about this whole question smacks of one parent trying to 'get back' at another parent and encouraging the child (who is quite stuck in the middle) to choose between her parents. If this is true it is most unhealthy for the child. The adult(who posted this question) needs to encourage the dad to take charge and go to court and resolve this matter properly. Having or encouraging the child to make such a call will feel to the social worker or the judge like a back handed way to try and change custody. If feels like you are making the child act in the role of the adult here. The child should be allowed to be the child.

If the child is truely in danger call 911 or the police or the child protective services in the city and state where the child is located.

If your question is about at what age a child can exercise some input into determining her own custodial arrangements the age of such input, in New Mexico, is 14. It does not mean that the child gets to choose it only means that a child gets to tell the judge what she wants. The judge will then determine / make the decision about the custody (if the parents are unable to make such a decision on their own).

Good Luck