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New Mexico Juvenile Law Questions & Answers
1 Answer | Asked in Criminal Law and Juvenile Law for New Mexico on
Q: New mexico, 16 y boy, 26 y old girl, consensual relationship. His parents approve. Is she breaking the law?

Girlfriend is 9 years and 11 months older than boy. Can someone besides parents bring charges against her?

Stephen Aarons
Stephen Aarons
answered on Feb 13, 2021

16 is the age of consent so she should be OK as to criminal sexual penetration. She could get charged with contributing to the delinquency of a minor if she gets him alcohol or drugs however.

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for New Mexico on
Q: Perhaps I didn't ask the question properly. My niece has a warrant for burglary in New Mexico. She has an 8 yr old girl

She wants to turn herself in with her lawyer but wants me to pick the daughter up before she does that so she's with someone safe. What should I do to make sure I have guardianship of her for school, medical and other things?

Sean Maye
Sean Maye
answered on Nov 11, 2020

The answer to this question is one rooted in NM law, unfortunately. As you would be attempting to assume custody of the child in NM, you will need to consult with a lawyer there regarding a possible emergency petition for temporary custody and guardianship. That said, it is highly unlikely that... Read more »

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1 Answer | Asked in Employment Law, Family Law and Juvenile Law for New Mexico on
Q: My child is 16 and working at McDonalds... as his parent can I request to see his work schedule?

I would like to know what rights as the parent I have when my child, who is 16, is working.

Trent A. Howell
Trent A. Howell
answered on Oct 31, 2017

This is a great question. In general, child laborers 16 and over are not subject to special "work permit" (and associated approval and record) requirements in New Mexico. See, e.g., NM Stat § 50-6-2 (2007). However, because a 16 year old is still a "minor" under New Mexico... Read more »

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