Legal Question in Family Law in New Mexico

Is he home-schooling the child? How old is child? Do you have joint custody? is the child not attending because the father doesn't sign him up or because the child is a truant? The compulsory school attendance law provides a petty misdemeanor for a parent who does not require the child to attend school. If the child is truant then he should be reported to the probation officer.

If you have a parenting plan that gives you joint custody then you are equally responsible to see that the child is enrolled in school or is otherwise violating the plan then you can ask the court for an order to show cause why father should not be held in contempt for violating the order. If you don't have a divorce and a parenting plan or have not have not been through a paternity proceeding to determine custody then you should get that done so that you have a framework to raise the child.

If you have a reasonable suspicion that the father is neglecting the child then you can report the father to CYFD for investigation.