Legal Question in Family Law in New Mexico

child adoption

my wife and i are raising our grandson. we have permision from the child's mother to adopt our grandson. please give us the law's and info.on adopting him localy.


Asked on 2/15/01, 11:03 am

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

Re: child adoption

Your question is very nearly too broad for this forum. You should understand initially that adoption is a very procedurally intensive process and while you could probably read the law about how to do it the process might nearly overwhelm the lay person. What that means in regular english is that you should have a lawyer and it is going to cost you a bit of money. Having said that, let me proceed to give you an overview.

Adopting a child involves having both parents of the child agree to the adoption. As far as the law is concerned it does not matter very much whether you have been raising the child or not if both parents do not agree. If both parents do not agree then you will need to proceed against the (I am assuming) dad (as you did not mention him in your query). If you know where the dad is then getting him served and noticed about the proceedings (those are specific legal terms) is not going to be an overly involved issue. However, if you do not know where the dad is then you may be required to find him or show the court sufficient effort (more legal procedure) to find has been attempted and you will ask the court for permission to proceed without him. The court may deny such a request.

After everyone has agreed to allowing the adoption to proceed (and this part can occur at the same time as the prior) then you will meet with a psychologist/counselor (at your expense) for counseling. The mother will also (if memory serves me right) have to see the counselor. The counselor will have to make a report (additional cost).

After the preliminary paperwork and counseling sessions are completed you ask for a final hearing of adoption. The hearing takes about 15 to 20 minutes. The final hearing is a closed hearing; i.e., the public is not allowed in the court room. You should bring your camera and take pictures. This is a hearing that judges like because they get to help create a new family. So often judges are locked in the middle of families that are breaking apart and this is a ray of sunshine type of hearing. Take lots of pictures. Send one or two to the judge when you are all said and done. (It's a nice thing to do).

Different lawyers will charge different amounts. Same thing with the psychologists. You didn't say which town you are in and that will make a difference as to the costs involved. What I am saying is SHOP AROUND. Get estimates. Many lawyers will have some kind of initial meeting with you either at no cost or at a reduced cost. Ask about simply having an initial meeting. You may not get much more information than I have provided here but you will get a feel of how and who you might want to help you get through the process.

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Answered on 3/30/01, 9:01 am


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