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In New Mexico, it is not illegal to run away.
Building Trust. Until a teen is 18 or living on their own, parents are responsible for making sure they get home safely. A curfew allows parents to have some comfort when it comes to their child's wellbeing. If a parent knows when their child will be home, they can rest a bit easier knowing that there is mutual trust.
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.
We are often contacted by parents asking at what age children can decide for themselves where they will live after a divorce or separation. There are lots of articles on the internet about this, and a good number suggest that at a certain age e.g. 10, 12 or 16, a child can make their own decision. This is not the case.
Both California and Florida have debated the idea of adopting statewide curfew legislation, but neither State has enacted any legislation to that end. Traditionally under the jurisdiction of local governments, curfews are commonplace in cities and towns across America, according to the U.S. Conference of Mayors.
No one under age 17 could be on the streets after 11 p.m. on weeknights or after midnight on weekends. The curfew expired at 6 a.m.
In New Mexico, is there a bias favoring mothers in custody cases? In child custody cases and any domestic proceedings involving the custody or visitation of children, the State of New Mexico does not favor one parent over another based on gender (NMSA § 40-4-9.1C).
This is called the SafeNight Curfew Program that forbids teens between the age of 10 and 17 years old from being in public spaces between the hours of 11pm-5am Sunday through Thursday and 12am-5am Friday and Saturday.
The governing body of a county or municipality may adopt a curfew ordinance to regulate the actions of children between midnight and a.m. may adopt a curfew ordinance regarding children during school hours on weekdays.