Legal Question in Family Law in New Mexico
My daughter 21 yrs. old has a 7 month son; she and her boyfriend of 3 years have broken up. She has recently moved out of my home (still resides in New Mexico)and the baby is living with his father. The father does NOT work and lives with his sister who is receiving all the state benefits that are available to her. The sister has 5 children of her own. My daughter has a part time job, but is NOT helping out with the raising and supporting of her son. Can the father ask for full custody? As a grandparent, do I have any rights?
1 Answer from Attorneys
The quick answer is you have grandparent visitation rights - i.e., the right to visit the child whoever has custody.
A situation like this cries out for someone to take charge. A paternity suit can be initiated to determine who the father is and get before a judge the issue of custody of this child and child support. If neither parent wants to take custody and the parents will consent, you (or anybody with an interest, not necessarily a relative) could get a kinship guardianship, which allows the guardian to care for the child and possibly collect support from the parents. In this arrangement the parents can later ask the court to return custody if they can show they are willing and able to care for the child.
If you believe the child is being abused or neglected you can report it to the Children Youth and Family Department and they can investigate, take custody, and arrange for a relative to take custody (preferred), or for adoption, or put the child into foster care.
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