My question involves a child custody case from the State of: New Mexico
My sister uses meth - she has an addiction, although it's not nearly as severe as it was back half a year ago. She is moving out of State (CA) next week for a job and will be moving with her boyfriend, who also uses it. She claims he has not done drugs in a year, but I can think of two times in the past 2-3 months that she has pretty much blurted out to me that they were going to his house to do just that. This guy also has a history of selling meth (he went to prison for it less than a year ago). For obvious reasons, we do not want him around the baby. Right now, she is sleeping a lot and showing the signs of withdrawal. She may stay clean for a couple weeks, but I know she will relapse. It's happened before. She plans on moving the baby to CA with her after a couple months, once she's received a few paychecks and is settled in. Problem is, I know that moving away and getting a job will not make everything better, as she seems to think. I know she will continue to use drugs.
My parents are going to to try and stop her from taking the baby away. She and the baby moved in with us about 6 months ago, so we all see first hand how she is as a parent. More times than not, our parents are home in the morning, so they wake up with the baby. On the days that they are not home, it's her job to wake up with him, but she does not bother to get out of bed, even though I know he tries to wake/get her out of bed. He wanders into my room after a while and wakes me up. He rarely sleeps past 8:30, and he always comes into my room past 9:00. I am left to wonder how long he is left unattended until he wakes me up. There have been a few times that he's had a dirty diaper and it takes her 20+ minutes to get off her butt and change it. She does not watch him - instead she just sits on the sofa and watches tv or plays around on her phone while he runs around. My parents and I do not trust her to be watching him alone, as there have been times in the past when we it was just her and the baby indoors, with the rest of us outside, and she has just crawled into bed and left the baby to do whatever. I walked in one time, and the baby had a pair of scissors pointed up at his face while he ran around the house.
Her son's father was injured on a dirt bike a few months back, and has not paid child support since then. He is now working part time and is putting other bills before my sister's CS. He also only sees the child twice a month (4 days total), which I imagine will look really bad for him if they go to court regarding her moving the child out of state. He is not exactly the most involved father and is not very interested in his son. By his own choice he sees the baby every other weekend. He never calls in between to check up on him. Until his accident in October or November, he paid child support on time every month (but still chose to see the child just every other week). He has not paid child support since that accident. For the first 2-3 months or so, it was because he was not working at all. My sister was understanding. But in the past 2 months, he has in fact been working and has been prioritizing other bills before my sister's CS. My sister has said that she won't take legal action against him regarding the CS, because if they go to court over her moving the baby out out of state, it'll look better for her.
The baby is very attached to my parents and I - especially my mom and I. He does not view my sister as his mother, simply because she does not spend a great deal of time with him. Even though she's home quite a bit, she's either sleeping, awake but in bed, or sitting there in front of the tv. The safest and best place for him is with us. My mom and I take excellent care of this child - and one or both of us are always home to look after him. My sister absolutely can't take him 600+ miles away, where we have NO idea how he's being taken care of. I mean, it's not like she's physically abusive, and she and her boyfriend aren't like hardcore tweakers... But that's not the point. Her drug usage prevents her from being a good mom and it's not safe.
The child's father is another issue. His lack of interest in being a full time (or even a "part time") parent is very worrisome. My sister has told me that on one weekend that he had his son, the girl next door was babysitting him, despite the fact that he (the father) was doing nothing that would render him unable to keep an eye on the baby. He was just hanging out with his friends at his house and probably thought the baby was bothersome. Or he will drop him off with an older couple (the man of which had cancer last year and is quite feeble because of that). We feel very uncomfortable with this. I feel as if custody went to him, the baby would just be bounced from person to person - many of which he is not familar with and aren't family. Here, right now, the baby is very happy and safe, because of my parents and I. My sister is not a good mom, and the child's father -- while not a bad parent -- is not cut out to be a dad. He doesn't seem to want to be. It almost seems as if the baby is a burden to him. I am terrified that if the father tells my sister, "No, you can't take the baby out of state," that she'll threaten to have him garnished and that he will give in. I can kind of see him doing that, too, given his attitude towards being a parent.
If you were to point all of this out to my sister, she would say you're just overreacting and that no court would take custody away. She pretty much said that the other night to our dad, when he told her that he would not let her take the baby so easily. She also said that he can't prove she is using meth. But trust me, we are not overreacting about anything. I am worried to the point of feeling ill, and I can only imagine how my parents feel. Is there anything that can be done? Any advice would be appreciated.

