M.M. and Y.M. v. S.M.

Albuquerque, Nes Mexico family law lawyers represented mother of M.M. and S.M.





Mother had been absent from Child's life since he was one year old, Child was seven years old at the time of the hearing, and Child never developed a parent-child bond with Mother and does not know Mother. Before court-ordered therapy sessions, Mother's only contact with Child was an unplanned encounter in 2018. In 2018, Mother moved to Virginia. The district court further found, and the evidence supported, that Child is "flourishing" in Guardians' care and Child's "school and important relationships are in New Mexico" and he has lived here his entire life. The district court found that Child's therapist believed that Child has no relationship with Mother and that it is in Child's best interest to remain with Guardians, and that although Mother was currently employed and sober, she waited over four years before making any attempt to have court-ordered contact with Child.



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{¶5} In this context, the parties agree that "the best interests of the child" are evaluated by applying the factors set forth in NMSA 1978, Section 40-4-9(A) (1977). This analysis requires the district court to "consider all relevant factors," including the following:



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{¶1} the wishes of the child's parent or parents as to his custody; (2) the wishes of the child as to his custodian;



{¶3} the interaction and interrelationship of the child with his parents, his siblings and any other person who may significantly affect the child's best interest;



{¶4} the child's adjustment to his home, school and community; and (5) the mental and physical health of all individuals involved.

Affirmed.