Legal Question in Family Law in New Mexico

My parents are legit jerks.. They've done many things such as call me names, hit me, & nothing ever happens to them.. It got so bad that after I tried to overdose (commit suicide) because of all the awful things my mother had told me, and was in a mental institution .. Cyfd was called on my parents but they lied to get out of it and the caseworker didn't believe me. I was going to try to get emancipated but the day I had an interview & my dad canceled it. I'm at a crossroads. My boyfriend is 17 has a g.e.d. & is gonna start working in the oil fields in August.. His family loves me.. & they would give me a place to stay but my parents would cause a big drama if I went over there. I know the legal age is 18 in New Mexico but is there any exceptions for my situation?..


Asked on 6/08/15, 1:52 pm

1 Answer from Attorneys
John Watson John Watson, Attorney at Law

The 'legal' answer to your situation is to try and find an attorney who would help you file an action for either emancipation or change of custodial care. Beginning at age 14 in NM the court is required to listen to the wants and desires of the child as to her preferred custodial arrangement. We have a case in NM called Diamond v. Diamond cited as: 2012-NMSC-022 whereby a young woman (in a very different situation from yours) was able to have herself emancipated. Thus, there is some precedent for following the path you seek. Your biggest difficulty will be finding an attorney to help you. Perhaps your boyfriend's family may help but the social issues associated with such a move by them could be disastrous for future relations - should your relationship last. At the young age you are it is more common than not for relationships to be somewhat short lived.

Hope this helps.

Law Guru

Read more
Answered on 6/09/15, 5:57 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Mexico