Do you have questions about hiring the best lawyer/attorney for child custody in New Mexico? If so, you are not alone. You see, child custody disputes are common in New Mexico. Even so, people are often confused about how New Mexico determines “child custody.” In New Mexico child custody involves the care, responsibility, and financial support for a child.
Child custody falls under two categories: legal and physical Custody. To better understand child custody in New Mexico, let’s explore legal and physical custody.
UNDERSTANDING PHYSICAL CUSTODY/PARENTING TIME
Physical custody means the time that your child lives with you. In New Mexico, physical custody is typically shared between parents. Most importantly, physical custody is always based on a child’s best interests. Factors that determine physical custody include:
- Parent’s wishes;
- Child’s wishes;
- Co-parenting issues;
- Work schedules;
- Child’s interaction and relationship with other family members;
- Adjustment to home, school, community;
- Domestic violence/Substance abuse;
- Restraining Order of Protection;
- Mental health concerns.
New Mexico courts consider several factors when determining a child’s best interests. This determination can result in several different timesharing schedules.
LEGAL CUSTODY – FINDING THE BEST LAWYER/ATTORNEY FOR CHILD CUSTODY IN NEW MEXICO
Legal custody covers a parent’s legal decision-making authority. This authority includes decisions regarding the child’s:
- Healthcare;
- Religion;
- Education; and
- Extracurricular activities.
Joint legal custody prevents one parent from making changes without approval. Moreover, New Mexico law assumes that a child is best served by joint legal custody. Most importantly, your assigned judge will consider several factors when determining joint legal custody. These factors include:
- The distance each parent lives from the child;
- Each parent’s ability to care for the child;
- Both parents’ involvement and bonding with the child;
- Time spent with the child.
New Mexico prefers joint legal custody. For instance, NM law prefers for parents to share decision-making authority. In doing so, parents have equal authority to make decisions that impact the child.
With that said, at times joint legal custody is not practical. For instance, possibly one parent is not fit to care for the child. Accordingly, NM courts can award sole legal custody based on the following:
- Child abuse;
- Drug/alcohol abuse;
- Domestic violence;
- Concerning criminal history;
- Inability to provide the child with appropriate care, maintenance, and supervision.
Nevertheless, NM courts prefer for parents to share joint legal custody. In other words, parents have a burden to prove that sole legal custody is in a child’s best interests.
PARENTING PLAN – FINDING THE BEST LAWYER/ATTORNEY FOR CHILD CUSTODY
A Parenting Plan is essentially a contract that covers each parent’s rights and responsibilities. A Parenting Plan typically covers:
- Legal custody;
- Physical custody/parenting time;
- Status quo providers/activities;
- Child support; and
- Health insurance.
There are several Parenting Plan mistakes to avoid. Each plan must be in a child’s best interests. With that said, NM judges typically accept any plan that parents agree and sign. When parents cannot reach a full agreement, the assigned judge determines the contested issues. In other words, parents that cannot reach a full agreement grant the assigned judge power to make decisions on the child’s behalf.
WHEN CAN I MODIFY THE COURT’S CUSTODY ORDER?
Do you desire to modify your child custody or support order? If so, you will need to demonstrate that a substantial and material change in circumstances has occurred since the order was entered. Ultimately, your judge will determine if a major change in circumstances has occurred since the custody order was entered. In doing so, your judge will also determine if a modification is in your child’s best interests.
CHILD SUPPORT DOES NOT EQUAL PARENTING TIME
Is your child’s mother/father failing to pay child support? If so, you cannot prevent court ordered parenting time based on a parent’s failure to pay child support. In other words, parenting time is never dependent on child support payments. Because of this fact, preventing parenting time – based on child support – violates the court’s custody order. Consequently, this violation could result in contempt or court sanctions.
Moral of the story – you cannot prevent parenting time based on child support payments. Is your ex refusing to pay court ordered child support? If so, either contact CSED, or file the appropriate Motion to Enforce.
DEDICATED LAWYER/ATTORNEY FOR CHILD CUSTODY IN NEW MEXICO
An experienced lawyer/attorney for child custody in New Mexico understands how emotionally draining custody cases are. Often, stress and emotions are present during custody disputes. With that said, your child’s best interests are the priority regarding:
- Legal Custody;
- Physical Custody; and
- Child Support.
Your child’s wellbeing is everything. Therefore, our child custody lawyers will help to establish or modify custody and visitation in your child’s best interests. Matthew Sanchez is one of the tested and dedicated child custody lawyers in New Mexico. 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 child custody attorney that knows what they are talking about. Talk to (505) SANCHEZ.
