Legal Question in Family Law in New Mexico

Re: son to live with dad

The answer to your question is not easy. There are several factors that a judge has to look at when deciding where children get to live; that is, with mom or with dad. In NM, after a child is 14, the child can ask to speak with the judge to express his opinion. However, what the child wants is one factor in about 7 or 8 factors that the judge will look at and consider.

So, the answer is your son gets to express his opinion about what he wants but he doesn't get to decide. The people who decide where their children are going to live are the parents. If they cannot reach a decision on their own (or with the help of a mediator or a priest or pastor) then they can ask the judge to decide for them.

Good luck.