Determining Child Custody And Best Interests of the Child in Albuquerque, New Mexico

 

 

DETERMINING CHILD CUSTODY AND BEST INTERESTS OF THE CHILD IN ALBUQUERQUE, NEW MEXICO

Custody disputes generally arise after a breakup or divorce when the mother and father are unable to reach a amicable agreement on the appropriate child custody and time-sharing arrangement for their children. When these disagreements occur the Albuquerque, New Mexico Court is forced to intervene to determine the appropriate system of time-sharing between the feuding parents.

It is well established that the sole factor in child custody decisions is the best interests and welfare of the child. New Mexico courts view child custody issues through lenses that see parental rights as basic rights of our society that form the very heart of our social structure. With this in mind, the court presumes that joint custody is in the best interests of the child.

WHAT DOES JOIN LEGAL CUSTODY MEAN IN NEW MEXICO?

Joint legal custody means joint authority to make major decisions in the child’s best interests regarding religion, education, medical/dental, and extra-curricular.  This essentially means that one parent cannot make major changes without the other parent’s approval.  Joint legal custody does not mean an equal division of time or responsibility. Joint legal custody does not mean 50-50 parents time-sharing.

New Mexico courts focus on a child’s best interests when determining the appropriate system of parents time-sharing (i.e. physical custody).

DETERMINING A CHILD’S BEST INTERESTS IN ALBUQUERQUE, NM

Albuquerque, NM courts use a three step approach to determine the best interests of the child.

Step One:  Mediation

The first step involves referring the parties to mediation, in the hopes of facilitating an amicable agreement.

Step Two:  Court Clinic or GAL Evaulation

When mediation fails the court generally refers the parents to Court Clinic for an “Advisory Consultation.” During this process, a court clinician will interview all of the parties, review the relevant information, speak with family and “collateral sources,” and present the Judge with a recommendation for the appropriate system of time-sharing.

Since COVID-19 hit, Court Clinic has experienced extremely long delays.  Court Clinic has also gone through cycles of being opened and closed.  Because of this fact, Albuquerque, NM courts are increasingly relying on a Guardian Ad Litem “GAL” to complete the investigation process and present recommendations. A GAL is an attorney that represents the child and conducts an investigation to determine the child’s best interests.

How Much Does a Guardian Ad Litem Cost in New Mexico?

A Guardian Ad Litem is a private attorney that represents the child’s best interests.  The GAL process is generally far more expensive than Court Clinic, for the following reasons:

• The GAL is a private attorney;
• The GAL process is generally more comprehensive than the Court Clinic process;
• The GAL process is often $5,000 or more; and
• Generally the GAL fees are split between the parties according to their percentage of income.

 

Step Three

 

A parent that disagrees with Court Clinic or the GAL’s Recommendations must object within eleven (11) days from the date the Recommendations are entered. The parent will then have the opportunity to  voice their objections before the Court.

During this hearing the assigned judge listens to all of the relevant information that the parties and Court Clinic/GAL have to offer.  After reviewing the information the court generally will:

• Adopt the Recommendations as a court order;
• Make minor adjustments to the Recommendations; or
• Set a Review Hearing and instruct Court Clinic/GAL to gather more information.

 

WHAT AGE CAN A CHILD CHOOSE WHICH PARENT TO LIVE WITH IN NEW MEXICO?

According to New Mexico law, “If the minor child is fourteen years of age or older, the court shall consider the desires of the minor as to with whom he wishes to live before awarding child custody of such minor.” See NMSA 40-4-9.

This requirement to consider the child’s desires does not mean that the court must follow the child’s desires.  The child’s desires are a factor, among many, which determine the child’s best interests.  With that said, in situations where the child is 14 years or older the child’s desires will heavily influence the Court’s decision unless there is strong evidence to suggest that the child’s wishes are contrary to the best interests of the child.

Generally, when a child is 16 years or older, New Mexico courts will allow the child to “decide with their feet” with whom they want to live.  The court allows these minors to “decide with their feet” based on the practical reality of their quickly approaching emancipation.

BEST INTERESTS OF THE CHILD PROCESS IN A NUTSHELL 

As illustrated above, New Mexico courts generally take three steps when tasked with deciding the appropriate child custody and parents time-sharing arrangement for a child. Although these steps very in their intensity, scope, and expense, the Court’s ultimate goal is to determine “the best interests of the child.”

Within each step the following factors are evaluated to reach a determination on the best interests of the child:

•  Desires of the child’s parents or parents;
•  Desires of the child;
• Interaction and interrelationship of the child with her parents, her siblings, and any other person who may significantly affect the child’s best interest;
• Child’s adjustment to her home, school, and community; and
• Mental and physical health of all individuals involved.

 

(505) SANCHEZ HELPS PARENTS UNDERSTAND CHILD CUSTODY AND THE BEST INTERESTS OF THE CHILD IN ALBUQUERQUE, NEW MEXICO

Are you looking for an experienced child custody lawyer in Albuquerque, New Mexico?  Determining Child Custody and the best interests of the child in Albuquerque, New Mexico often requires the experienced hand and knowledge that comes with over a decade of courtroom practice. For more than a decade, Sanchez has handled child custody all across Albuquerque, New Mexico, including: Rio Rancho, Santa Fe, Los Lunas/Belen, Gallup/Grants, Estancia/Socorro, and Taos  Sanchez creates legal solutions in New Mexico and can reached by calling (505) SANCHEZ.