New Mexico Online Resources for State Child Welfare Law and Policy

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This guide links to websites where state statutes and regulations can be accessed and lists the parts of each state and territory's code that contain laws addressing child protection, child welfare, and adoption.

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FAQ

New Mexico courts decide custody based on the ?best interests of the child." This is the same standard as most states. What's different in New Mexico is at 14 years old, a court considers the desires of the minor rather than determining custody based on the best interest standard.

Absent parent: If a parent has been absent for 6 months or more, the law allows the other, more responsible parent, to petition to terminate parental rights. Not just parents can terminate: in fact, anyone with an interest in the well-being of a child can attempt to terminate one or both parents' rights.

Keep transitions short, sweet, and reassuring. No matter the reason as to why your child is refusing to spend time with their other parent, you must manage this situation in an appropriate, fair manner. It may take time to change your child's perspective, but do your best to keep a positive outlook on the situation.

Most of the time, children benefit from having good relationships with both parents. But if your child wants to live with their other parent full time, give your child space to express how they feel, and listen openly. But don't allow them to be rude?if they need help, guide them through rephrasing some statements.

If a child doesn't want to live with a parent, it might be a safety issue. If your child is old enough, ask what is happening there that makes him or her not want to go. For small children, ask them to draw a picture of life at Daddy's house. A professional counselor and lawyers might need to be involved.

New Mexico law requires anyone with knowledge of suspected child abuse or neglect to report it to the appropriate authorities. This mandatory reporting applies to all individuals and is not limited to teachers or health care professionals.

New Mexico courts decide custody based on the ?best interests of the child." This is the same standard as most states. What's different in New Mexico is at 14 years old, a court considers the desires of the minor rather than determining custody based on the best interest standard.

New Mexico law requires family courts to consider the desires of children that are 14 or older when determining the appropriate parenting time (visitation). The requirement to consider the 14 year old's desires does not mean that the judge must follow the child's desires.

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New Mexico Online Resources for State Child Welfare Law and Policy