Legal Question in Family Law in New Mexico
A minor will be staying with me for an undetermined amount of time, the mother has agreed to sign something protecting me from getting in trouble for having a minor should the mother choose to be unreasonable. What aspects of the "protection" should be outlined in such a document? She is not passing custody, she just does not want the minor living with her anymore.
1 Answer from Attorneys
Statute 45-5-202 allows a parent to appoint a guardian of a minor by ... writing signed by a least two witnesses.
The mother could also agree for you to get a kinship guardianship, which requires blessing by a judge. Chapter 40-10B. That section also allows you to execute a caregiver's affidavit, which does not need the parent's signature, which allows you to make health care decision for the child when the parent's not around.
Be a good idea to get something in writing. I'm not sure what you meant when you said ishe would be unreasonable. But you should talk to a lawyer.
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