Legal Question in Family Law in New Mexico

In the state of New Mexico, at what age can a child decide for themselves that they want to live with one divorced parent over the other?

Asked on 9/08/09, 8:09 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law
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There is no provision in the law, in NM, allowing a child to decide for themselves which parent it is with whom they will live. However, the law does specifically mandate that a child, age 14 or older, can address the court (or judge) and inform the judge as to anything that the child believes the judge should consider before making a decision about where the child lives. Bear in mind, judges listen to parties or witnesses (in this case the child would be a witness) and then the judge makes a decision. The child's wishes are not a mandate on the judge they are another bit of evidence the judge will consider when making a decision. Thus, the legal answer to your question is as stated in the first sentence. The 'real' answer to your question is age 14. Hope this helps.

Good Luck.

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Answered on 9/13/09, 9:26 pm

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