Legal Question in Family Law in New Mexico

Re: Protection of Minor Child of Alcoholic Parent

A power of attorney can get you some initial satisfaction; however, for a long or longer term of custody you need to do a different kind of thing. Several options come to mind: First, there is a statute in NM (in the probate code of all places) that allows a parent to place custody of a child with another person for a period not exceeding six months. Another way to accomplish the same thing is to create a guardianship in the sister in PA and such guardianship to become effective upon the incapacity of natural mother. There may be additional and other ways to accomplish the same thing but I (and any other attorney) would want to have much more detailed answers to questions about the overall facts of the particular situation. You have provided only a sketchy outline of what you want and asked if it was 'doable.' The overall sketchy answer is 'yes, but. . . ' And the 'but' will be the details you have not provided in your short note.

One obvious question that your note did not address at all is about the child's father. Where is he? Why does he not have custody? Also, another question is why has the sister in PA not acted already? If there is some concern why not take a preventative step immediately? I suggest these questions so that you may prepare some answers when they are asked in the context of the actual custody change.

I hope this has helped you. Good luck.