It is essential to understand the child-related factors that impact child full legal custody and parental visitation. You see, New Mexico judges choose child full custody and parental visitation schedules based on a child’s needs. Therefore, judges are child centered and focus on issues from a child’s perspective.
Parent/child relationships change over time. This change is influenced by both parent and child factors. Accordingly, judges focus on parent and child factors – not just parenting factors.
Despite this dual focus, some parents exclusively focus on parenting factors. For instance, sometimes parents only consider parent-related factors such as parenting ability, substance abuse, safety issues, or work schedules. However, parent-related factors are only a piece of the overall puzzle. Because of this fact, it is essential to also consider child-related factors that influence custody and visitation.
Here are the 5 child-related factors that impact child full custody and parental visitation:
- Relationship with Parent
- Child’s Individual Qualities
- A Child’s Special Needs
- Your Child’s Progress Towards Developmental Milestones
- Relationship with Siblings
RELATIONSHIP WITH PARENT IMPACTS CHILD FULL LEGAL CUSTODY AND PARENTAL VISITATION
The first child-centered issue involves your child’s relationship with both parents. Specifically, your judge wants to see that your child is attached with both parents. If not, your judge will have concerns regarding child visitation.
Attachment is a yes or no issue. In other words, attachment between a child and parent either exists – or does not exist.
Healthy attachment includes a strong bond between a child and caregiver – ideally the child’s parents. Attachment is developed by a give-and-take interaction between parents and child. During this process, the child can distinguish a parent from a stranger.
It is important to establish a bond as early as possible. For instance, judges look for infant-parent attachments when deciding parental visitation and overnight.
CHILD’S INDIVIDUAL QUALITIES IMPACT CHILD FULL LEGAL CUSTODY AND PARENTAL VISITATION
New Mexico judges also consider a child’s individual qualities. Like adults, all children are different. Because of these inherent differences, judges consider different qualities when determining what timesharing best serves a child.
Child-related qualities include:
- Personality and temperament
- How well a child adopts to change
- Previous adjustment to changes in child visitation
- How a child copes with conflict between parents
- The child’s wishes – which become more influential as the child ages.
In short, child-related differences and individual qualities impact a judge’s ultimate decision.
CHILD’S SPECIAL NEEDS
Special needs are the third child-related factor that influences parental visitation.
Does your child have any special needs? If so, have these needs been documented? For instance, is your child seeing a therapist or specialist? Alternatively, is your child receiving individual, specialized education?
Next, are your child’s special needs being addressed in one parent’s home – or both? Your judge will be concerned if only one parent is handling your child’s special circumstances. Additionally, are you and your ex both involved with your child’s special providers? If not, your judge may have a reason for concern. In turn, this concern may impact your visitation.
Breastfeeding is another special need that influences your judge’s decision. In other words, breastfeeding may impact your parental visitation schedule.
In the end, your child’s special needs will impact parental visitation.
CHILD’S PROGRESS TOWARDS DEVELOPMENTAL MILESTONE
Your child’s progress towards developmental milestones may impact parental visitation. In this regard, are any challenges or delays documented? For instance, have challenges been documented through a counselor, special provider, or pediatrician? If so, are both parents equipped to address these challenges?
Once again, are both parents involved with necessary providers? Alternatively, is only one parent involved with providers?
Ultimately, challenges and delays are child-related factors that can impact parental visitation.
SIBLINGS IMPACT CHILD FULL LEGAL CUSTODY AND PARENTAL VISITATION
Siblings are the fifth child-related factor that impacts parental visitation. In this regard, judges are influenced by siblings in different age groups. For instance, some judges believe that older siblings can ease a younger child’s transition to a different schedule. In other words, older siblings may lead to an increased child visitation schedule.
Splitting siblings has consequences for all siblings. As such, judges examine all siblings when deciding visitation.
CHILD-RELATED FACTORS IMPACT CHILD FULL LEGAL CUSTODY AND PARENTAL VISITATION
As we have seen, New Mexico judges choose visitation schedules that best serve children. In every case, judges should strive to create child full custody and parental visitation schedules that match a child’s specific needs. To craft such an order, the court balances and weighs the 5 child-related factors discussed above.
All cases and children are created differently. Accordingly, judges use the 5 child-related factors above to determine the best child legal custody and parental visitation schedule for each child.
In your case, consider how the 5 child-related factors apply to your children. In doing so, improve any areas that need improvement. Improving any shortcomings leads to a stronger case. In turn, a stronger case leads to an increased potential for greater visitation.
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