Legal Question in Family Law in New Mexico

Re: Grandmother needs crisis help with special needs granddaughter

Linda

From what you described I cannot see that there is any "kidnapping" issue if your sister moves to another county. If she is concerned that her daughter is going to call the police let her call the police. When a parent leaves a child with family members and doesn't come back it is not kidnapping when the family member moves. If your sister wants to do the right thing she could call the Children Youth and Families Division of Human Services Department and report her daughter for abandoning her child. Your sister could also call the police and report her daughter for abandoning the child. What your sister is doing by taking care of the child is not criminal - it is loving and the morally right thing to do. What your sister's daughter is doing is morally wrong and her actions violate both civil and criminal laws.

Now, some of my answer above is 'off the cuff' so to speak. Sure, your sister's daughter could call the police and she might even find a police officer willing to jump on a 'kidnapping' charge; however, I think that once a police officer or a judge heard the whole story (and I am relying on the short note you wrote as representing the truth) then I do not believe your sister will get into any trouble. I suspect that the worst thing that could happen is that your sister's daughter will take her child back.

Good Luck.

Law Guru