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Ask Chase Your Own Question
Chase, Consultant
Category: Family Law
Satisfied Customers: 2897
Experience:  Divorce/Marriage, Custody/Visitation, Child Support, Family/Domestic Law
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17 year old boy wants tomove out and live with dad who is

Customer Question

17 year old boy wants tomove out and live with dad who is not legal dad but has raised himsince he was 2. mom and new stepdad saids he can''t see person he calls dad anymore. Just cause they want to punish him for bad grades.
Submitted: 9 years ago.
Category: Family Law
Expert:  Chase replied 9 years ago.


The age of majority, meaning the age that the child is legally able to move away from home in New Mexico is 18. If he is close to turning 18 it may be best to just wait until he is able to make the decision on his own. If he has a while before he turns 18, the "dad" can go to court and file for visitation and or joint custody. I'm not sure where the real father fits in here, but if the stepdad has been with the child since he was two, the judge may grant him visitation at least.


Customer: replied 9 years ago.
Reply to Ms Chase's Post: His "dad" has no right to visitation he was already told that in the divorce, but in order not to hurt him his mother aggreed to let him have same visitation schedual of everyother week with "dad" like court ordered for other kids just wasn't put on court papers. He will be 18 in september but just can't wait to leave the house. He does not get along with new stepdad and they are threatening to not allow him to visit his "dad" anymore if he continues to see his girlfriend of 3 years. The real dad has never been in the picture. He's a good kid and plans on leaving home today and moving in with "Dad" fulltime. Can he be forced to go back and can we be in legal trouble for allowing him to move in with us?
Expert:  Chase replied 9 years ago.


Technically yes since he's not an adult or of legal age to make this type of decision. If the mother calls the police they may make him go home, they may let him stay or they may allow her to press charges against you. Most likely the first time, they may just make him go home, but if he continues to leave and continues to be found in your home, then she would be able to pres charges against you. Some places are more strict than others, and it's also going to depend on how much the mother objects.