Legal Question in Family Law in New Mexico

Enough evidence to prove as an unfit parent?

My younger sister is currently with our Aunt.She is unable to be with our mother because of legal reasons.My sister would like to live with me, and I would like to have custody of her. Our Aunt has stated she does not want this. My sister is afraid in her current situation. She constantly tells me she is being ''slapped around'', that she is forced to clean up after our aunt's illegal alien boyfriend, and that our aunt smokes marijuana in front of her constantly. My sister also has no privacy she is going through pueberty and is 12 years old, yet she shares a tiny bedroom (that might as well be a closet) with two boys, 12 and 7 years old. The oldest boy is 16 and he gets his own room. My sister has witnessed him beating his girlfriend and she is afraid to tell anyone for fear she will get beaten herself. I am 19 years old and I would like to know if this is enough evidence to prove my aunt an unfit parent and if so is it enough for me to get sole custody of my sister?


Asked on 4/12/09, 9:10 am

1 Answer from Attorneys
George Chandler Chandler Law of Los Alamos

Re: Enough evidence to prove as an unfit parent?

This sounds like enough to get the Children Youth and Families Department to do an investigation of child abuse. You are actually obligated by law to call and report child abuse. CYFD can do a home visit and investigation and remove her from the home, possibly the other children as well. At that point they can institute proceedings to place her with a relative (which they prefer) or put her out for foster care. I'm not sure if they will place her with a 19 year old sibling but you can ask them. But you should Call CYFD ASAP.

Another avenue you can pursue is to try to get a Kinship Guardianship of your sister. You don't have to prove your aunt is unfit unless she actually has adopted the child. If your aunt has a guardianship you can petition the court that granted it for a review and a change. If your aunt does not have any legal status for custody of your sister (in other words, if your sister just went over there without any court order) you can petition to be her guardian. To get that started call Pegasus Legal Services for Children in Albuquerque or Law Access New Mexico at five oh five nine nine eight four five two nine.

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Answered on 4/12/09, 5:25 pm


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