New Mexico Grounds for Involuntary Termination of Parental Rights

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This informational guide reviews state laws that detail the specific circumstances that must be present when a court terminates the legal parent-child relationship.

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FAQ

Parents cannot voluntarily sign away parental rights. However, New Mexico can involuntarily terminate parental rights through an abuse and neglect case. An abuse and neglect case begins when CYFD opens an abuse or neglect case in Children's Court.

Abandonment of a child consists of the parent, guardian or custodian of a child intentionally leaving or abandoning the child under circumstances whereby the child may or does suffer neglect.

? Termination of parental rights by reason of "neglect" requires a showing by clear and convincing evidence of culpability on the part of the parent through intentional or negligent disregard of the child's well-being and proper needs.

New Mexico law (§ 40-4-9 B) states that: ?If the minor is fourteen years of age or older, the court shall consider the desires of the minor as to with whom he wishes to live before awarding custody of such minor.?

Fathers' rights in New Mexico are very similar to the rights of mothers. The New Mexico statutes provide for equal rights and responsibilities for either parent regardless of gender. This means that the state will not favor one parent over the other when it comes to custody, visitation, and child support decisions.

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.

If you feel that your obligation to pay child support should end, you cannot simply stop paying it. Your obligation does not end automatically. Instead, you must request for child support to end once the child reaches the age of majority or a minor child becomes ?emancipated?.

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New Mexico Grounds for Involuntary Termination of Parental Rights