What Is The Difference Between Family Court and Children’s Court in Albuquerque, New Mexico?

Family Court and Children’s Court in Albuquerque, New mexico are two distinct Courthouses that are often confused and used interchangeably.  Part of the confusion is caused by Family Court (i.e. Domestic Relations Court) dealing with child related issues such as:

• Kinship Guardianship;
• Custody;
• Time-sharing; and
• Child Support.

Let’s take a look at Family Court and Children’s Court in Albuquerque, New Mexico.

 

WHAT’S THE DIFFERENCE BETWEEN FAMILY COURT AND CHILDREN’S COURT IN ALBUQUERQUE, NEW MEXICO?

 

Albuquerque Children’s Court deals with child issues such as adoption, abuse and neglect proceedings, and juvenile criminal charges.  Albuquerque Family Court (i.e. Domestic Relations Court) deals with child related issues such as custody, time-sharing, and child support issues.

 

Children’s Court in Albuquerque New Mexico 

 

 

Children’s Court in Albuquerque, New Mexico is located at 5100 Second Street NW, Albuquerque, NM 87107.  Children’s court deals with adoption, abuse and neglect proceedings, and juvenile criminal charges.

 

Adoption in Albuquerque, NM Children’s Court

 

 

Albuquerque child adoption takes place in Children’s Court.  Adoption in Albuquerque, NM is filed under the Children’s Code NMSA 32A-5-1 to 32A-5-45.

Any New Mexico resident that has approved by the Court as a suitable adoptive parent can adopt a child in NM. For more information on adoption in New Mexico, click here.

Adoption in Children’s Court terminates the parent-child relationship.  Before a child can be adopted in NM, the legal relationship between the child and biological parents must be dissolved. This termination can take place in two ways:

• The child’s parent voluntarily relinquishes parental rights; or
• An involuntary termination occurs after a hearing.

Adoption that takes place in Children’s Court permanently severs a parent’s rights.  Guardianship, discussed below, takes place in Family Court and enables a caregiver to temporarily step into a parent’s shoes, assuming parental rights and responsibilities.

 

Abuse and Neglect Proceedings in Albuquerque, New Mexico Children’s Court 

 

Abuse and neglect proceedings begin when CYFD files a petition with Albuquerque, New Mexico Children’s Court alleging abuse or neglect. See NMSA 32A-4-15.

An initial child custody hearing is held where the court determines custody of the child pending an adjudicatory hearing on the merits of CYFD’s petition.

The hearing must take place within 60 days of service on parent. 32A-4-19(A).

At the adjudicatory hearing, the Court determines whether the petition’s allegations are true. CYFD may file a motion to terminate parental rights at any point during abuse or neglect proceedings. Termination of parental rights may be based on:

• Abandonment;
• Abuse;
• Neglect; or
• Presumptive abandonment.

When there is a finding of abuse or neglect, under New Mexico law, CYFD has a duty to make reasonable efforts to assist a parent’s reunification with the child.  Part of this duty requires CYFD to create a treatment plan.

It’s important to note that the majority of CYFD investigations lead to the underlying claims of abuse or neglect being unsubstantiated.

The small portion of CYFD investigations that lead to substantiated claims of abuse or neglect may result in a “safety plan” being entered.  Most safety plans do not involve abuse and neglect proceedings with Albuquerque Children’s Court.

 

Juvenile Delinquency/Crimes by Children in Albuquerque

 

 

In Albuquerque, crimes committed by individuals under 18 years of age are called “Juvenile Delinquency.”

Crimes that are committed by children (i.e. Juvenile Delinquency) fall under the Children’s Code 32A-2-1 to 32A-2-33.  Children’s Court, aka Juvenile Justice Center, handles most aspects of Juvenile Delinquency, other than serious youthful offenders.

Albuquerque Children’s Court handles the following child crimes:

Misdemeanor Offenses and Misdemeanor Citations in Albuquerque, including:

• Children with an open container of alcohol; or
• Children found to be in possession of alcohol.

Child traffic offense, such as:

• Driving while intoxicated;
• Leaving the scene of an accident involving damage to property, injury to person, or death;
• Fake, forged, or altered driver’s license, permit, or license plate;
• Any traffic offense punishable as a felony (e.g. vehicular homicide or great bodily injury by vehicle).
• Reckless driving; and
• Driving with a suspended or revoked license.

When an officer issues a citation to a juvenile, for the above listed offenses, the citation will include “Juvenile/5100 Second Street NW” (i.e. Children’s Court in Albuquerque).

The following child offenses are handled by Metropolitan Court, rather than Children’s Court:

• Traffic offense other than those listed above (e.g. no driver’s license, red light violation, stop sign violation, etc.”

 

CHILDREN HAVE DIFFERENT RIGHTS THAN ADULTS IN ALBUQUERQUE, NEW MEXICO

 

Child Suspects 12 Years Old and Younger

 

• Cannot waive their Constitutional Rights; and
• Their statements may not be introduced as evidence against them. This means that circumstantial or eyewitness statements must be found to meet the state’s burden of proof.

 

Child Suspects 13 to 17 Years Old

 

• Can waive their Constitutional Rights;
• Officers must receive a signed waiver of rights prior to taking statement; and
• Generally a parent, legal guardian, or legal counsel present before the child’s formal, written statement is received.

 

Family Court (Domestic Relations Court) in Albuquerque, NM

 

 

Family Court in Albuquerque is located at 400 Lomas Blvd NW, Albuquerque NM 87102. Albuquerque Family Court deals with child related issues such as kinship guardianship, custody, time-sharing, and child support.  Child cases in Albuquerque Family Court fall under Domestic Affairs NMSA 40-1-1 to 40-17-13.

 

Guardianship Cases in Albuquerque

 

Albuquerque Family Court handles guardianship cases, under the Kinship Guardianship Act.  As discussed above, adoption through Children’s Court terminates parental rights.  With guardianship cases, a caregiver steps into a parent’s shoes and assumes parental rights and responsibilities. However, parental rights are not terminated with guardianship.

 

 

Custody Cases in Albuquerque Family Court

 

 

Albuquerque Family Court establishes paternity and the appropriate child custody and parents time-sharing.  Custody and time-sharing can be addressed for both married and unmarried parents. My free eBook, Understanding Child Custody in New Mexico, walks you through the custody process within Albuquerque Family Court.

 

Time-sharing Cases in Albuquerque Family Court

 

Time-sharing is the period of time that a child spends with each parent.  One of Albuquerque Family Court’s primary duty is determining the appropriate time-sharing when parents are unable to reach an amicable agreement. Time-sharing is always based on the child’s best interests.  Albuquerque courts generally take the following steps to determine time-sharing:

• Attempt mediation or settlement facilitation;
• Refer the parties to Court Clinic for an Advisory Consultation or Scheduled On-Call;
• Appoint a Guardian Ad Litem with complex cases; or
• Appoint an 11-706 child custody expert with complex cases.

 

Child Support Cases in Albuquerque Family Court

 

Child support is linked within child custody and time-sharing cases. For in depth information regarding Albuquerque child support, click here.

 

WHY ARE CHILD RELATED ISSUES SPLIT BETWEEN CHILDREN’S COURT AND FAMILY COURT IN NEW MEXICO?

 

Child related issues are separated between two courthouses due to the distinct Children’s Code and Domestic Affairs laws in New Mexico.  The issues are likely separated because Children’s Court handles the termination of parental rights, whereas Family Court centers on the child’s best interests in relation to child custody and time-sharing.

 

WHY NOT COMBINE ALL CHILD RELATED CASES INTO ONE COURTHOUSE WITH SEPARATE DIVISIONS IN NM?

 

Makes sense.  Alas, I am only an attorney that follows and applies NM law.  NM legislatures create NM law and procedure.  It makes sense to combine all child related issues into one Courthouse, with separate divisions.  This combination would be similar to Albuquerque Family Court which has a DM division and a DV division.  With that said, NM law seems to prefer one courthouse for terminating parental rights (i.e. Children’s Court) and another courthouse to determine a child’s best interests (i.e. Family Court).

 

(505) SANCHEZ HELPS PARENTS UNDERSTAND THE DIFFERENCE BETWEEN FAMILY COURT AND CHILDREN’S COURT IN ALBUQUERQUE, NEW MEXICO

 

Are you dealing with an emergency child custody problem in New Mexico and are unsure about the differences between Family Court and Children’s Court in Albuquerque in New mexico?    Matthew Legan Sanchez is an experienced emergency child custody attorney in Albuquerque that practices emergency child custody cases in New Mexico.   Sanchez can be reached by calling (505) SANCHEZ.