Are you researching enforcement of custody orders in Albuquerque, New Mexico? If yes, do you have an enforceable parenting plan or child custody order?
In this situation, you can file a motion to enforce the enforceable parenting plan or child custody order. Specifically, you can request your judge to enforce the existing court order.
In doing so, you can also request for the other parent to be sanctioned for failing to follow the court’s valid order.
HOW TO ENFORCE A CUSTODY ORDER IN ALBUQUERQUE, NEW MEXICO
Are you looking to enforce a court-ordered parenting plan in New Mexico? If so, you have two main options.
First, you can contact the other parent and demand to follow the custody order. In doing so, you can set a firm deadline to become compliant.
The second option requires court involvement. With this option either a motion to enforce or motion for order to show cause is requested.
When properly filed and served, a motion for order to show cause asks the court to severely sanction the other parent’s violations. At times, incarceration is requested.
Nevertheless, NM family courts almost never incarcerate for first violations. As such, a motion for order to show cause and motion to enforce are usually treated the same.
With that said, the court can sanction the parent that violated the custody order. In doing so, the court can award attorney fees, or drastically alter the current visitation order.
Moreover, a parent’s violation can create a lasting impression. In doing so, this impression can negatively impact a parent’s case moving forward. Consequently, future violations can result in a dramatic shift in the custody or visitation arrangement.
Finally, continued violations could result in fines or imprisonment. In other words, the level of punishment/sanctions usually increases as violations continue.
ENFORCEMENT OF CUSTODY AND VISITATION DECREES IN NEW MEXICO
In New Mexico, enforcement of custody and visitation orders are often handled through a motion to enforce.
This action can be taken when one party does not comply with the terms of a decree, such as exchanging the child at the court ordered time and location. Moreover, a parent may file a motion to enforce based on a change to the child’s status quo providers.
For example, one parent may change the child’s school, religion, health care providers, or extracurriculars without approval. When this occurs, a motion to enforce may be filed.
Alternatively, a motion for order to show cause may be filed.
Finally, an enforcement motion can be used to force court ordered child support payments.
Watch this video for more information on enforcement and modification of custody orders in New Mexico.
WILL ALBUQUERQUE POLICE ENFORCE MY CUSTODY ORDER?
No. Albuquerque Police Department (APD) generally refuses to become involved with domestic matters.
Moreover, Rio Rancho (BSCO) usually decline to become involved with child custody matters.
Instead, New Mexico police officers usually refer parents to file the appropriate motion.
In other words, in New Mexico, police officers usually take a hands-off approach and point parents towards family court regarding enforcement issues.
ENFORCING CHILD SUPPORT AND CUSTODY ORDERS IN NEW MEXICO
Enforcing child support and custody orders in New Mexico refers to the ability for one parent or guardian to demand that parenting plan or custody order is fulfilled.
Are you searching for a top Albuquerque child custody attorney to enforce child support and custody orders in New Mexico?
For over a decade, Sanchez has handled enforcement and modification of custody orders across New Mexico.
Sanchez routinely enforces child custody orders in Rio Rancho, Los Lunas/Belen, Santa Fe, Socorro/Estancia, Gallup/Grants, or Taos Los Alamos.
Call (505) SANCHEZ for enforcement and modification of custody orders in New Mexico.
