Legal Question in Family Law in New Mexico

Re: where I want to live

There's no set age any more. In general, by the time you're 13 or 14 the Judge will give your wishes respect, but it's always discretionary for him or her. You can tell your Mom anytime, however, and if she agrees she and your Dad can go to court and ask for a change in their parenting plan. However, be aware that such a change takes a lot of work and time, may cost a lot of money, and can have severe financial consequences for your Mom.

Re: where I want to live

The 'smart' answer to your question is that if you are old enough to articulate the question then you are old enough to tell your mother where you want to live. However, I suspect that you want to know the "legal" answer for New Mexico as to custody of children and when do they get to have a say about their own life. That answer is a bit more complicated.

First, if a court is deciding custody of children as between two parents the law in that area is in the domestic relations section of the statutes and it says that beginning at age 14 the court will 'consider' the wishes of the child. To that end, you should know that the law requires the court (or a judge) to consider about 9 separate factors. What the child wants is one of those factors. And, I will urge you to consider that, literally, any single one of those factors can change the balance of how a judge will decide.

Second, if your question is 'what is the absolute age wherein a young person gets to start making their own decisions' then that answer is age 18 - unless there is some legal exception.

Last, if you are under age 18 and you believe your voice is not being heard or considered as to this issue about where you live then you can ask a trusted family member, a parish priest, reverend or rabbi, a school counselor or, in some cases, the court or a court service, to help mediate the discussion between you and your mother about the issue of where you are living. It is a very complicated issue that involves lots of 'factual' issues in addition to emotional issues.

I hope this helps and good luck.

Law Guru