Catch Phrases During Child Custody Disputes

 

COMMON CATCH PHRASES DURING CHILD CUSTODY DISPUTES IN ALBUQUERQUE

 

Do you drive a blue car?  How about a Honda Civic?  Possibly you are a Jeep person.  No matter what car you drive, you probably noticed that a sea of similar cars seemed to be flooding the streets after purchasing your car and hitting the road from the dealership.

The “blue car effect” is a phenomenon that describes how new owners of blue cars begin to see blue cars all over the road.  This same phenomenon also occurs when one sees, hears, or reads something new – and suddenly the new information begins popping up all over the place.

Many people that are experiencing family law issues experience the “blue car effect” with some of the common catch phrases during child custody disputes in Albuquerque.  At times a parent will encounter a legal issue surrounding their child, hear a term or phrase such as “bonding,” “status quo,” or best interests of the child,” and suddenly the phrase is seemingly everywhere.

 

Parent-Child Bonding

 

Parent-child bonding is a phrases that you will hear repeatedly during custody or time-sharing disputes.  If you have never given much thought to the concept of bonding – and are possibly reading the word for the first time on this page – do not be surprised when the word seems to be stalking you like a shadow.

Bonding is a single word that courts use to symbolize the emotional connection between a parent and child.  When parents are unable to agree on the appropriate system of custody and time-sharing, New Mexico courts heavily consider the existing bond that has formed between a parent and child when determining the proper time-sharing schedule.

A child’s level of bonding with each parent is fundamental to a child’s developmental progress.   Issues with bonding can adversely affect a child’s psychological and emotional development.  A breakdown in this process can also affect a child’s maturation in relation to social interactions and communication with peers and authority figures.

New Mexico courts tend to believe that children share a greater bond with their primary caregiver.  Here are some factors that courts consider when determining which parent has been the child’s primary caregiver:

• Attended prenatal classes;
• Got up with the child for feedings;
• Bathed the child;
• Put the child to bed;
• Helped the child learn numbers, letters, colors, etc.;
• Took time off work for child’s appointments;
• Took the child to doctor, dentist, or optometrist appointments;
• Transported the child to school and other activities;
• Attended the child’s school activities, parent-teacher conferences, etc;
• Attended day-care activities;
• Coached the child’s sports;
• Comforted child during times of emotional upset;
• Child’s age;
• Duration of parents’ relationship and whether parents co-habitated; and
• Child’s primary residence.

 

This list certainly is not exhaustive, but provides parents with an idea about the type of factors that courts consider when determining which parent is the child’s primary care-giver.  Courts in turn tend to view the primary caregiver as sharing a deeper bond with the child.

The best time to develop a strong bond is now.  Become immediately and heavily involved with your child if you have a sneaking suspicion that your relationship is nearing the end of its road.  Participate in as many of the elements above as possible.  The time to get involved is always now, if your future goal is maximum time with your child.

 

Status Quo Child Custody

 

It is difficult for me to stress the importance that “Status Quo” plays on family law judges that are responsible for determining temporary time-sharing.  POSSIBLY IF I WRITE IN A MANNER SIMILAR TO THIS THE IMPORTANCE OF STATUS QUO WILL BE APPROPRIATELY EMPHASIZED.

“Status quo” essentially means the regular system of time-sharing that you have exercised with your child since the relationship ended.

Once a relationship ends, the time that you spend with your child immediately begins to form the status quo.  Judge’s give greater deference to status quo the longer that the system of time-sharing has been in place.

I regularly encounter parents that separate and then reach a time-sharing agreement without court involvement.  At times one parent has little or no contact with the child immediately after the relationship ends in order to limit friction and interaction with the co-parent.  As time passes the primary custodian refuses to expand the co-parent’s time, or to allow appropriate contact and visitation.  The issue eventually reaches a boiling point, forcing one parent to seek court involvement for the desired time-sharing and communication.

At the initial hearing, the assigned judge will be heavily influenced by the “status quo” because judges are reluctant to disrupt a child’s life due to a myriad of potential developmental repercussions.  At the initial hearing, the assigned judge is tasked with developing a temporary time-sharing schedule until the issue can be resolved through: (1) Mediation, (2) Court Clinic, (3) Guardian Ad Litem, (4) an 11-706 Custody Evaluation.

The initial hearing is generally short and the judge’s exposure to the parties and facts is limited.  Due to the limited exposure, the judge will be heavily influenced by the status quo when ordering the parties to follow a temporary time-sharing schedule.  This temporary time-sharing remains in place until the matter can be properly evaluated, with recommendations on the child’s best interests and appropriate time-sharing presented to the presiding judge.

 

Best Interests of the child in New Mexico

 

Judges are guided by the “best interests of the child” standard like a traveler following the North Star. Ultimately, judges decide the appropriate system of time-sharing based on what they believe to be the child’s best interests.

Bonding and status quo go hand-in-hand because judges infer that parents with greater time-sharing share a deeper bond with the child.  Bonding and status quo consequently are two of the most fundamental building blocks that affect the “best interests of the child,” guiding a judge to the appropriate system of time-sharing.

 

(505) SANCHEZ IS HERE TO ANSWER YOUR QUESTIONS COMMON CATCH PHRASES DURING CHILD CUSTODY DISPUTES IN ALBUQUERQUE

 

Do you still have questions about common catch phrases during child custody disputes in Albuquerque, New Mexico?  Custody and divorce in Albuquerque often requires the experienced hand and knowledge that comes with years of courtroom practice.  Matthew Legan Sanchez has the experience needed to handle your unique case.  Sanchez can be reached by calling (505) SANCHEZ.