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

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.

Law Guru

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

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Mexico