New Mexico Age of Choice

[dabryguy9]

Everyone,

I have been told by friends that in the state of New Mexico at age 12 the child has the right to choose who they wish to live with.

I have tried to google this subject but can't get any real answers.  My son tells me he wants to live with me, he is a very smart kid and knows that the school he goes to know doesn't have the awards as the school where I live does.  I want him to have the best education and want to have him.  He does have a little brother who is 7, and I think at that age mom is a good choice.

If anyone knows please let me know!

DaBryGuy9

[Sherry1]

Do both you and the child's mother live in New Mexico and is the current court order in New Mexico?  There is not a magical "age" in New Mexico or most anywhere else where a child can "decide" where they want to live.  You would have to hire a lawyer and file for custody.  A judge will do what is in the best interest of the child.  You will be hard pressed for a judge to split up siblings unless there is a good reason.   There would have to be documented drug use, physical abuse or neglect, etc. for a judge to reverse custody.

[dabryguy9]

I live two hours away in Arizona, am worried that he is gonig to be come a problem for his mom.  I can see the way her reacts to things she does when he is here.  He is started to talk back to her and etc.  She refuses to communicate with me on anything dealing with the childred, so all I can go on is what I see and hear from the boys.

DaBryGuy9

[Sherry1]

and a he said/she said scenario.  Unless the mother is willing to change custody, it would be a custody battle and without a good reason to warrant a custody change, probably a losing battle for you.  When your son is 14-15, you would have a better chance.