Grounds for Terminating Parental Rights in New Mexico

Did you know that the reasons parental rights can be terminated are set out by law? There is a tendency for members of the general public to believe that parental rights should be terminated quickly upon hearing of parental wrongdoing. The truth is that parents have a right to parent their children—within limits—the way they see fit. In fact, the New Mexico Legislature has passed laws that dictate the specific circumstances that warrant the termination of parental rights.

By law, the primary considerations in a proceeding to terminate parental rights are the “physical, mental and emotional welfare and needs of the child.” In considering these important issues, the law directs courts to consider the likelihood that a child will be adopted if parental rights are terminated.

There are three circumstances that require the termination of parental rights: abandonment, abuse or neglect, and the long-term placement of a child.

Abandonment

The law provides that a judge “shall terminate parental rights” when the child has been abandoned by his or her parents. To be considered abandoned, a parent must have done one of the following two acts “without justifiable cause”:

• Left the child without providing for his or her identification for at least 14 days; or
• Left the child with others without any support or communication for at least three months, if under six years old, or six months, if the child was at least six years old.

Abuse and Neglect

The law also provides that a court “shall terminate parental rights” in certain cases involving child abuse or neglect. Before parental rights may be terminated on this ground, the court must specifically find that the abuse or neglect is “unlikely to change in the foreseeable future” despite reasonable efforts of the state to assist the parent.

In two very narrow circumstances, the court may find that the state does not need to provide assistance. The first is when it is clear that assistance efforts “would be futile.” The second is when “the parent has subjected the child to aggravated circumstances.” Aggravated circumstances are present in four situations:

• The parent tried to or did cause the child or his or her sibling “great bodily harm or death”;
• The parent tried to or did cause great bodily harm or death to the child’s “parent, guardian or custodian”;
• The parent tried to or did subject the child to “torture, chronic abuse or sexual abuse”; or
• The parent’s parental rights were terminated for one of the child’s siblings.

Long-Term Placement

The third situation in which termination of parental rights is mandatory is when the “child has been placed in the care of others . . . by court order or otherwise” and five additional conditions are met;

• The child has lived with others for an extended time;
• The child’s relationship with the parent has disintegrated;
• The child has developed “a psychological parent-child relationship” with his or her substitute family;
• The substitute family wants to adopt the child; and
• If the child is mature enough to express a preference, he or she “no longer prefers to live” with a parent.

When these five conditions are met, there is a presumption that the parent has abandoned the child. That means the court will find that the parent abandoned the child unless the parent proves otherwise.

An experienced New Mexico family lawyer can help you understand the laws that apply to your parental rights and obtain the result that is best for you and your children. If you have questions about parental rights, contact the Lightning Legal Group. We understand the typically acrimonious nature of proceedings, and we’ll help you find your way. Contact us today at (505) 247-2390 for experienced legal advice.