Legal Question in Family Law in New Mexico
How can i receive custody of a child that is not biologically mine?
I was caring for a child who has been a very close family friend. She stayed with me for about five months to finish school. Her mother suffers from depression and anxiety. This has taken a toll on the child and she seems to be very depressed and unhealthy. Her parents are divorced and her father is not involved in her life much but has joint custody of her. I'm very concerned for her well being and I feel it would be in the best interest for her to stay with my family and I. She is living in a different town not to far away from here. Whatt legal actions will I have to take and/or what will i need to prove? If I need to go to court, would it be in the town I live in or the town she is currently?
1 Answer from Attorneys
One route is to ask the parents if they will voluntarily give up custody and allow you to become the child's guardian. If they are willing there are several routes you can go, you will need a lawyer, you may be able to get help from Pegasus Legal Services for Children in Albuquerque. If the parents are not willing, you have little hope. To take a child from its parents without their consent requires somebody to show they are unfit parents and this can be tough, it doesn't sound to me from what you said there is enough for that. You could file a complaint with Children youth and Families Department if you are convinced the child is neglected or abused, they will investigate and if they think it necessary they can take the child, initiate proceedings and eventually put it up for adoption. This is not a route I would recommend because CYFD is a very unreliable tool - sometimes they do great and sometimes they're like from another planet.
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