How do i get started with the process of getting custody through the state?

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i have had financial, emotional and physical responsibilty of a minor child sense 2007. her aunt had full custody of her and was incarcerated in 2007 leaving the minor child with me and giving me custody of said child until her time was served which was 1 1/2 years. she was released and never returned for the child. i have had absolutly no help from any one of her family members and am finding it very difficult to get any type of assistance with medical because i do not have custody. please let me know what are the steps i should follow.

Attorney Answer

1
Sean Green ·
You need to seek a guardianship over the minor child. New Mexico law provides that if a child has lived in a non-parent's home, without the parent being present, for a period of 90 days, the non-parent may file a petition to become guardian. As usual, you are going to have to demonstrate to the court that you being appointed guardian is in the best interests of the minor child. You can also seek child support from the child's parent to help offset the expenses of raising the minor child. You need to contact an attorney as soon as possible. You have already had difficulty with medical decisions regarding the child. At some point, you may run into problems enrolling the child in school, obtaining insurance on the child, authorizing the child to get a driver's license, authorizing the child's employment, or authorizing extracurricular activities. Be prepared to spend some money but you need to think about the child and what is best for him/her. It will be well worth your time to speak with an attorney at your earliest convenience.
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