Legal Question in Family Law in New Mexico

You don't say what your financial position is or where you live. If you can afford it, the first thing you should do is consult with an attorney who does adoptions. It's a complicated process, that you can do yourself but it takes a while and has many steps that are designed to be handled by an attorney.

That said, you could start by going online or to the library, get the New Mexico Statutes, and read Chapter 32A (Children's Code) sections 5 paragraphs 1 through 45. The whole process is there. You have to file a petition, you will need relinquishments from mom and dad, or you will have to terminate their parental rights (very difficult). You will also have to notify the Children Youth and Families Department and they can intervene in the case.

If you cannot afford an attorney and the adoption process looks too difficult for you to do yourself, you could get a Kinship - Guardianship. This is a process by which a court gives you custody and control of the child, but the parents have the right to request the return of the child if their circumstances change. It provides for child support if you want to ask for it. You have to show either consent of a parent or that the child has lived with you without either parent for at least 90 days and the parent or parents with legal custody are unable to care for the child. There is a non-profit called Pegasus in Albuquerque www.pegasuslaw.org, or 1-800-980-1165 that does these for reduced or no fee depending on your financial circumstances. They do not do adoptions. It is also easier for you to do a Kinship Guardianship yourself (pro se) than an adoption would be. You can find the forms at http://nmsupremecourt.nmcourts.gov/legal-forms/views.php - click on Civil forms. There are no instructions with the forms so you'll have to figure it out using the statute, which is Chapter 40 Article 10B Sections 1 - 14. You might also note the caregiver's authorization affidavit at Section 15 of the same statute, which you can execute and show to schools or doctors to get care for the child if the parents aren't available.

I don't see your zip code so I can't tell what district you're in. If you live in or can get to Albuquerque, you can go to the Second District Courthouse at fourth and Lomas to the second floor, there's a self-help place there that can help you find forms. Same in Santa Fe at the first Judicial District Courthouse on Griffin. If you are not in the first or second district the forms must be modified with the appropriate heading.

I hope this helps, it's the best I can do for you from here. God bless you for taking care of that kid, I can't tell you how many kids there are out there who need somebody like you.