Legal Question in Family Law in New Mexico

Re: How old do you have to be to move out

First, I don't know the specifics of New Mexico law because I'm not licensed to practice there, so take this response with a grain of salt. Second, the specific facts of your friends situation affects my answer. Best bet is to seek advice from local counsel.

Your friend can report the abuse to a teacher, a pastor, a physician, or make her own referral to the child protective service agency in her county. If the CPS substantiates the abuse, it will likely make some kind of contract with the abuser -- attend anger management, attend parenting classes, move out of the house, etc. The good news is that the child can stay in his or her own home, and the abuser will (hopefully) learn different ways of parenting or will be removed. The bad news is that if the abuser refuses to comply with the contract, or if both parents are abusive, the child might be placed outside the home (agency and lawyer-speak for foster care).

Here in my jurisdiction, to move out before she is 18, she will have to go to court to ask the court to change her legal status from "minor" to "emancipated minor." That's the theory. (In fact, I was unable to review a file in district court or in youth court because no cases existed. It's that unusual.) Your friend would need to show the court that she is able to support herself, and that she has concrete plans to finish school. She would have to report periodically to the court to satisfy the court that she is still able to support herself and that she is in school and working toward graduation. As an emancipated minor, she is treated pretty much as an adult, e.g., she can sign contracts and be held liable to performing the contract.

In lieu of emancipation, many kids just move out and the parents find out when s/he doesn't come home, or parents and kids discuss decide it's alright for the kid to move out. The good news for the kid is that parents can still provide some support. The bad news for the parents is they're still liable for their child's wrong actions. The bad news for the kid is that the parent can force the child back into the home by claiming the child "incorrigible" and "ungovernable," which puts the child under youth court's jurisdiction (not a fun gig).

Don't take this lightly. If there's a way for your friend to stop the abuse and preserve the family relationship, that route might be worth the wait until she's 18. Life is hard enough out in the world at age 18.