Cutting a Child’s Hair Without Permission in New Mexico

 

Hair plays a vital role in our society through identification and self-expression.  It’s hard going one day without being bombarded with commercials, gossip, and updates about the latest hair trends and celebrity styles.

Brittany Spears shaving her head made national news and could be seen on tabloids, newspapers, and television shows.  Over a decade later people are still gossiping about the time that Brittany shaved her head.  Stories about haircuts are not limited to grocery line tabloids — The Bible also discusses the importance of hair with the story of Delilah draining Samson’s power by cutting his hair while he slept.

Custody issues come in different sizes and lengths – weaving into the issue of haircuts.  A common issue with New Mexico child custody disputes involves a parent’s right to cut a child’s hair.   Here are the common reasons that cutting a child’s hair becomes a custody issue.

RELIGIOUS REASONS FOR NOT CUTTING A CHILD’S HAIR IN NEW MEXICO

 

The story of Samson and Delilah demonstrates some of the roots with hair and religion.  Native American religious beliefs can also involve the act of haircutting.  Does your religion ban haircutting?  Did your ex cut your child’s hair in defiance of your established beliefs?  If so, this could be found to be a violation of legal custody.

Does your Parenting Plan address religion and/or haircuts?  If not, then you have a gray area.  Your judge will likely look at the case history, co-parenting, and prior issues.

In one New Mexico case, Father cut his daughter’s hair without giving notice or receiving consent.  Mother and Father had a long and contentious history before the assigned judge.  Father argued that the cut was only a trim.  Mother argued that the cut was done as a repeated act of spite.  The judge sided with Mother and lectured Father about his actions.  The judge noted that Father failed to give notice and receive consent.

Ultimately the judge believed that Father cut the child’s hair out of spite.  The court awarded Mother attorney fees for the cost of brining the issue before the court.  The issue also cut in Mother’s favor and left an impression with the court that Father was acting unreasonably.  This belief could create a momentum that benefits Mother’s case moving forward – creating future issues if Father engaged in behavior that the court believed was inappropriate.

 

GIVE NOTICE AND GET CONSENT BEFORE CUTTING A CHILD’S HAIR

 

Are you going through a contentious separation or custody dispute?  Do you and your ex have a history of having communication problems or co-parenting problems?  If so, then the best practice will be to give the other parent notice of the haircut and request consent.

The best way to do so would be to send a text or email in a way that leads to the desired outcome.  For instance, send a quick message stating: “It’s cool if I cut our child’s hair, right?”  This statement gives the other parent notice and leads towards the desired response.

 

MEDICAL REASONS FOR NOT CUTTING A CHILD’S HAIR IN ALBUQUERQUE

 

There are also medical considerations for cutting a child’s hair.  A child with autism, anxiety disorder, or mental health issues may experience distress from a forced and unwanted haircut.

However, like most family law issues, the issue can be argued both ways.  One parent could argue that the lack of haircut led to the underlying mental health issue, demonstrates neglect and is the underlying cause for a health issue such as lice.

Like many family law issues, there are two sides to each story.  Both parents will likely argue that the other parent’s actions were unreasonable and not in the child’s best interests.

SHOULD I FLIE A MOTION TO ADDRESS THE ISSUE?

 

You could file a Motion to address the issue of haircuts.  Before doing so, think about the practical reality of the situation. The court is overwhelmed with emergency situations and has a long list of emergency issues on the docket.

How will your judge view your issue after just hearing an emergency issue regarding substance abuse, child abuse, domestic violence that poses a danger to a child?  Your assigned judge may view the issue as a waste of court resources – creating a negative impression about your case that lingers.

 

PICK YOUR BATTLES – FILING A MOTION CAN BACKFIRE

 

You can file a Motion for almost any reason.   The key issue is whether the cost outweighs the benefit of filing the Motion.  The same is true with haircuts.  Can you file a Motion if your ex cuts the child’s hair?  Yes.  Should you file such a Motion?  Probably not.

First, cutting a child’s hair is a co-parenting issue – not a legal issue.  I’m not aware of a case or statute on the issue.  This means that your judge has the power to decide the issue as they please.  Your judge’s mood will color their reaction to the issue.  You may find yourself with a moody judge that is having a bad day when your Motion is heard.  Possibly your judge just finished a violent Order of Protection hearing that makes your issue seem minor by comparison.  Your judge might find your Motion unnecessary, lecture both parties, and send both parties to co-parenting classes.  Your judge may then be hesitant to set a hearing on future issues.

Family court judges tend to believe that most issues should be resolved outside of court.  New Mexico courts do not have the resources to hear and decide every issue.  NM judges are more concerned with emergency issues than co-parenting squabbles.  Don’t expect your judge to welcome your Motion with open arms. Your judge may not even hear the issue, opting to send you to settlement facilitation.

Filing a Motion opens a can of worms with arguments on both sides.  The result could be a decision that both parents do not like.  NM judges are not in the business of customer service.  The customer is not always right in a judge’s eyes.  There is a distinct possibility that the questionable Motion that you file could lead to a horrible courtroom experience.

Pick your battles.  Try to resolve co-parenting issues outside of court and save your Motions for big ticket issues.

 

SHOULD I FILE A MOTION IF MY EX CUT MY CHILD’S HAIR WITHOUT MY PERMISSION?

 

Standing alone, the act of cutting a child’s hair likely is not a big enough issue to warrant a Motion and your judge’s time.  Unless your Parenting Plan directly prevents haircuts, the court likely will find that the issue should be addressed outside of court.

The costs of filing a Motion will likely outweigh the benefit.  Also, there’s always the potential that your Motion could really backfire – don’t throw stones when you live in a glass house.  Your judge could hear all the issues, find you to be the unreasonable parent that is not acting in the child’s best interests, and change your custody/timesharing.

In a joint legal custody situation, there are some major changes that warrant a Motion being filed.  These acts include:

• Changing a child’s religion;
• Changing a child’s school;
• Moving the child away from New Mexico; or
• Removing a child from a sport or activity that the child has a history of practicing.

 

(505) SANCHEZ ANSWERS QUESTIONS ABOUT CHILD CUSTODY AND CUTTING A CHILD’S HAIR WITHOUT PERMISSION IN ALBUQUERQUE, NEW MEXICO

 

Are you still curious about New Mexico’s child custody laws and cutting a child’s hair without permission in New Mexico? Are you searching for an experienced and effective child custody attorney in Albuquerque?  Matthew Legan Sanchez has over a decade of divorce and custody issues in Bernalillo, Sandoval, Santa Fe, or Valencia County in New Mexico.  Call (505) SANCHEZ today.