Legal Question in Family Law in New Mexico
custody and/or living arrangements for child
Can a 15 year old girl decide to live with a grandparent? are there legal repercussions? The parents are divorced and have joint custody. she resides with her mother. her father has visitation. her visitations are spent with me, with her father seeing her as he can, both her parents have agreed upon that.
1 Answer from Attorneys
Re: custody and/or living arrangements for child
You don't say but I assume you are the grandparent. If both parents agree she can just move in with you. If you want to be able to deal with such things as getting her into school, doctors, etc., I suggest you ask both parents to agree to a kinship guardianship for you. At a minimum you should execute a caregiver's authorization affidavit if she is living with you. That affidavit is in the statutes at 40-10B-15.
It would be best to handle this through a lawyer. If you can't afford one try Pegasus Legal Services in Albuquerque or call Law Access Hot line. If you want to try to do these things yourself you may be able to get the forms at the District Court for the county where you live, or online at nmcourts-dot-com.
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