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Question

In New Mexico, USA... What is the legal age (some say 12 years of age), that a female child may choose which parent she wants to live with; what parental parameters should the parent be concerned with (e.g., income, housing, life-style, etc.); or, where can I find detailed information on this subject?

Submitted: 426 days and 11 hours ago.
Category: Family Law
Value: $30
Status: CLOSED
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Albuquerque, New Mexico

Already Tried:
I tried on line research and was not successful in finding any legal NM State Statutes on the subject of "how old a child may be before he/she can choose a particular parent to live with".

With all due respect Paul, I am merely a friend of a 40 y.o. mother, still married and living apart from her alcholic husband, and her 11 y.o. daughter
who chooses to and is currently living with her mother. The mother is going to school to become an EMT and has very little income. The father works and provides money to help keep his wife's car running. The daughter doesn't even like to visit her dad because when her mom and dad are together all they do is argue, so the daughter stays in her room and plays video games until it's time to go home with her mom. The dad says he never gets to spend much time with his daughter... HE DOESN'T GET IT!!

A little about me.....
The mother and I are good friends. We've never dated nor slept with one another. I've seen her daughter twice. The last time was yesterday, when they came by to drop off my house key - after caring for my dog during my last motorcycle rally from friday morning to sunday night. In a way, Paul, you and I are alike, we just want to help people. I've made it my life's goal to help as many people as possible, since 1970. My reward is their smile. I'm a 100% service-connected disabled veteran and have always given all to help anyone. Now, I need your help!... so I can help this woman and her daughter. Thank you. Warmest regards, XXXXX.

Posted by RayAnswers 426 days and 11 hours ago.

Answer

Thanks for your question. There is not a fixed age here. The court will interview a child that is say 10 years or older in a custody situation. the parent would have to file for modification and the court would consider the child's desires in the matter.

The court is very much into considering which parent a child wants to live with here. The older the child obviously the more stock the court puts in their opinion.

But realize that the court also looks at the other factors that a parent may offer as well as any baggage they have. They have to see to the child's best interests and have much discretion here. You may need to obtain a lawyer to file and assist in custody case.

426 days and 10 hours ago.

Reply

Where can I find detailed information on this subject? What about any New Mexico State Statutes... do they exist?

Accepted Answer

Here is legal reference for you for New Mexioc. Looks like 14 or older gets stronger consideration..

 

http://research.lawyers.com/New-Mexico/Divorce-in-New-Mexico.html#four

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Expert: RayAnswers
Pos. Feedback: 98.5 %
Accepts: 
Answered: 9/23/2008

Lawyer

25 years as a licensed attorney handling family law matters including divorce, child support, etc

426 days and 9 hours ago.

Reply

Thank you, Sir, for your time and patience in responding to my every question. You provide a very valuable service... one of which, I never knew existed until today. I guess today was one of my lucky days - - when I stumbled upon the JustAnswer.com website.

Posted by RayAnswers 426 days and 9 hours ago.

Answer

You're welcome and good luck..

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