Domestic Violence and abuse greatly impact child custody cases in Albuquerque, New Mexico. Consequently, it’s essential to understand the long-term impact that domestic violence potentially has on custody and visitation cases.
Family violence and domestic abuse vary. In other words, domestic violence and abuse come in different shapes and sizes.
Nevertheless, abuse is often based on a power dynamic that perpetuates a cycle of physical or emotional abuse. Often, this dynamic is a gradual process. Slowly, and over time, abuse often grows.
In turn, the family dynamic often shifts around the abusive cycle.
Domestic violence impacts child custody disputes in several ways. First, CYFD routinely becomes involved with allegations of abuse or neglect.
In doing so, CYFD completes an investigation. Once completed, the investigator either upholds or rejects the allegations of abuse or neglect.
Also, a parent may also face criminal charges for child abuse. These criminal charges usually flow through the metropolitan court. However, severe allegations of child abuse may result in felony, aggravated charges. If so, these charges are generally handled through Second Judicial District Court.
Additionally, CYFD allegations of abuse or neglect often overlap with a restraining order of protection.
Often, domestic violence victims often request a restraining order of protection. When children are involved, the restraining order can also grant one parent temporary custody.
Domestic violence isn’t limited to physical abuse. With restraining orders, abuse also includes harassment, stalking, criminal damage to property, and severe emotional distress.
First, a parent file a petition/request for a restraining order of protection.
Next, the assigned judge reviews the request. In doing so, the judge determines if the request contains probable cause that abuse has occurred. In this respect, the judge usually leans on the side of caution.
A temporary restraining order (TRO) is entered when the judge finds enough evidence of abuse. Moving forward, a hearing is usually set within 10 days. During this waiting period, when children are involved, a parent is often granted temporary custody.
A hearing is then held. During this hearing, the assigned Hearing Officer or Judge determines if abuse has occurred. Specifically, the Hearing Officer determines if an act of abuse has occurred that poses an immediate threat of future harm.
If so, a restraining order of protection is granted. When children are involved, the restraining order may determine custody and timesharing for six months.
This video helps you better understand how to file a restraining order in New Mexico.
As we have seen, a restraining order can set custody and timesharing for six months. Moving forward, this six month period often forms the “status quo.”
A restraining order is temporary in nature. Nevertheless, the restraining order can have a long-term impact on future timesharing and custody.
In other words, a restraining order involving children is like a wheel. At times, it is difficult to stop a wheel that is rolling. Similarly, restraining orders that determine visitation, can create a flow or status quo that is hard to change.
Accordingly, it is essential to understand the impact that domestic violence and restraining orders have on child custody cases in Albuquerque, NM.
Failing to understand this importance could be the difference between long-term success or failure.
Domestic violence and abuse in child custody cases is a serious issue in New Mexico. According to a recent Harvard article, violence against women increased to record levels around the world following the COVID lockdowns.
Increased rates of domestic violence and abuse have also occurred in New Mexico. Consequently, family violence and restraining orders are increasingly impacting child custody cases in Albuquerque, NM.
Regarding child custody, family courts consider domestic abuse when deciding custody and visitation that best serves a child. Specifically, domestic violence can greatly impact a judge’s decision about the child’s best interests.
In Albuquerque, NM, a child’s best interests come first regarding custody and visitation. Consequently, NM family courts take a child centered approach. This approach ensures that children are placed in a safe and stable home environment.
Therefore, in cases where one parent has a history of domestic violence or abuse, their access to the children may be significantly reduced or even eliminated. For example, supervised visitation is common with restraining orders that control visitation.
Watch this video for more information on how restraining orders can impact child custody.
New Mexico family courts take extra caution to protection children. Consequently, the court understands that family abuse poses a risk to the child’s safety. Therefore, the court places a priority on protecting children from any potential harm.
Does one parent have a history of domestic violence or family abuse? If so, the Albuquerque family court judge routinely takes extraordinary measures to protect the child from potential danger.
New Mexico law states that children are best served when raised by both parents. In this respect, visitation and communication is usually encouraged between both parents and child.
With that said, there are instances when a parent’s communication or access to the children is limited or denied, based on abuse. For example, when abuse is found, a parent may be restricted to supervised visitation.
Moreover, this supervised visitation may take place at a neutral agency such as APN or Neutral Corner.
Ultimately, NM family court judges hold a child’s safety as the top priority.
Watch this video to better understand the best interests of the child standard in New Mexico.
Are you looking for the top restraining order and child custody attorney in New Mexico? Look no further.
Sanchez has handled restraining orders involving children all across New Mexico. In doing so, Sanchez routinely handles child custody and restraining order cases in Rio Rancho, Belen/Los Lunas, Santa Fe, Socorro/Estancia, and Gallup/Grants.
Your family deserve a top restraining order and child custody attorney.
Call (505) SANCHEZ today.
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