Are you looking for an Albuquerque child custody lawyer/attorney? If so, you are likely facing a divorce or separation. As you have personally experienced, facing a divorce or separation can be an emotionally devastating experience. At times, facing the unknown can be terrifying.
For instance, understanding New Mexico law and procedure may feel like walking down a dark path without a flashlight. As a result, you may feel a flood of emotions when thinking about what will happen to your children.
Let’s shine light on the custody process. The following information will help you understand custody in New Mexico.
ESTABLISHING PATERNITY
First, it is essential to understand how paternity is established in New Mexico. Additionally, it is important to understand the difference between parental rights vs. custody. In doing so, you will achieve a better understanding how New Mexico courts determine custody and visitation.
Check out this informative video about parental rights vs. custody in Albuquerque, New Mexico.
COMMON VISITATION SCHEDULES
Are you going through a custody matter? If so, do you and your ex have a full agreement regarding custody, visitation, and child support? Great. If not, then your assigned judge will decide the unresolved issues.
In this situation, it is essential to understand the common visitation schedules. As mentioned, when parents cannot agree custody or visitation, your judge will decide the matter. In doing so, your judge will determine the visitation schedule that is appropriate for your family.
On the dark end, your judge could order supervised visitation. Your judge may order supervised visitation if:
- CYFD has substantiated claims of abuse/neglect;
- Substance abuse issues are present;
- Domestic violence issues in a home;
- There are mental health issues; or
- Safety concerns demonstrate that supervised visits are appropriate.
Ultimately, your judge will decide custody and visitation based on your child’s best interests.
THE OTHER SIDE OF THE CUSTODY VISITATION ARGUMENT
Consider this: New Mexico judges want you and your ex to co-parent without court involvement. In other words, your judge wants you to resolve your visitation issues outside of court.
Do not expect your judge to welcome “mud throwing” with a smile and open arms. That being the case, you should always consider the other side of the visitation argument. For instance, are you planning on making drugs or alcohol an issue? If so, then you need to be clean of all mind-altering substances.
Alternatively, do you plan to bring up your ex’s unstable home that involves domestic violence, mental health issues, or restraining orders? If so, you need to ensure that these issues are not present in your home.
Moral of the story: Don’t throw stones if you live in a glass house.
HOW SUBSTANCE ABUSE IMPACTS CUSTODY AND VISITATION
Was drug or alcohol abuse an issue in your relationship? If so, you can expect drug or alcohol abuse to be a major issue in your custody and visitation case. You see, New Mexico judges have a duty to protect children. Because of this duty, your judge will be concerned by allegations of drug or alcohol abuse. Moreover, your judge’s concern increases when the following are involved:
- DWI arrests;
- Domestic Violence;
- Albuquerque Restraining Order of Protections;
- Criminal arrest history; or
- Other issues in your home.
HOW TO FIGHT FALSE ALLEGATIONS
At times, parents raise false allegations in family court. For instance, your ex may make false allegations to gain a tactical advantage. Specifically, your ex may file a baseless Restraining Order of Protection. Alternatively, your ex may contact CYFD or contact the police.
Because of this fact, it is important to understand how to fight false allegations in family court. By doing so, you will understand how to protect yourself from allegations that could negatively impact your custody case.
WAYS TO DESTROY YOUR CUSTODY CASE
Moving forward, you should consider mistakes that haunt your custody case. These actions include:
- Parental relocation/move away without court permission;
- Getting violent or aggressive with your ex or others;
- Offending and harassing your ex through text, email, or social media;
- Not following court orders; or
- Bad mouthing your ex.
Are you interested in preparing the strongest case possible? If so, it is essential to eliminate actions that can haunt or destroy your custody.
WAYS TO HELP YOUR CHILD CUSTODY CASE
On the sunny side, you should take proactive steps to improve your custody case. In doing so, you should:
- Become highly involved with your child ASAP;
- Focus on your child – not your ex;
- Establish a strong visitation schedule immediately;
- Take your children whenever possible;
- Do not party the pain away with drugs or alcohol; and
- Co-parent and pick your battles wisely.
Building your custody case is like building a home. The process takes a clear plan that is followed by action and persistence. In the end, your efforts build a rock-solid custody case.
SIGNS THAT YOUR EX IS BULLYING YOU WITH CUSTODY AND VISITAITON
As we have seen, NM courts want parents to co-parent without court involvement. Therefore, it is important to try and peacefully co-parent with your ex. With that said, at times your ex will try to bully you with custody and visitation. As such, it is important to recognize signs that your ex is bullying and calling all the shots. These signs include:
- Emotional manipulation such as guilt tactics;
- Excessive litigation, based on a desire to maintain control; or
- Threats, taunts, harassment, or insults.
Is your ex calling all the shots with your custody or visitation? If so, it is important to speak with an experienced Albuquerque child custody lawyer/attorney today.
FREE EBOOK – ALBUQUERUE CHILD CUSTODY LAWYER ATTORNEY
Do you still have questions about the custody, visitation, or child support? If so, you can access a comprehensive eBook on New Mexico child custody, by clicking HERE. This eBook helps readers to understand the ins-and-outs of child custody in New Mexico.
ALBUQUERUQE CHILD CUSTODY LAWYER/ATTORNEY NEAR ME
Matthew Sanchez is an experienced Albuquerque child custody lawyer/attorney near you. For more than a decade, Sanchez has handled child custody all across New Mexico, including: Rio Rancho, Santa Fe, Los Lunas/Belen, Gallup/Grants, Estancia/Socorro, and Taos. Talk to a seasoned and successful Albuquerque child custody lawyer/attorney. Talk to (505) SANCHEZ.
Albuquerque Child Custody Lawyer/Attorney
