Are you searching for the best father’s rights attorney/lawyer in albuquerque,New Mexico? In doing so, are you attempting to establish parentage and parental rights? Alternatively, do you need clear and enforceable parental visitation? Either way, establishing rights through the legal system can be a stressful experience.
Here are some aspects to consider when searching for the best father’s rights attorney/lawyer for your case.
The first step towards finding the best father’s rights attorney/lawyer involves understanding Albuquerque, NM law and procedure. To better understand New Mexico’s law and policies and preferences involving father’s rights, click here.
Additionally, it’s important to have realistic expectations when understanding the interplay between father’s rights and New Mexico law. For instance, fathers do not have a “right” to 50-50 parental visitation. In fact, fathers do not have a right to any visitation. You see, visitation is always based on a child’s best interests.
When parents cannot agree on the appropriate visitation – your judge will decide the issue.
Your family court judge will consider several factors to determine a child’s best interests, including:
Most importantly, NM courts believe that children thrive with consistent and predictable homes and schedules. Because of this fact, NM courts are reluctant to disrupt a child’s “status quo.” Instead, New Mexico courts believe that a child is best served by slow and gradual changes. In other words, initially, your judge will likely continue the status quo. In doing so, the court prefers changes to gradually occur over time.
Accordingly, the “status quo” visitation that occurs after your separation is extremely important. Specifically, judges are hesitant to change the status quo visitation that takes place after your separation. Because of this fact, it is extremely important to establish maximum parental visitation immediately after your separation.
Is your ex preventing visitation? If so, it is important to immediately establish parentage and visitation. If not, the status quo that is now forming will become cemented, taking longer to change.
Abusing drugs/alcohol, or a history of domestic violence will hurt your case. Therefore, it is important to understand how substance abuse impacts child custody and parental visit. Unfortunately, false accusations tend to appear during custody and visitation cases. Consequently, it’s important to avoid any situation that could be defined as abusive, including:
The elements above are routinely used to request a Restraining Order of Protection. If entered, the Restraining Order of Protection can create a status quo that haunts your custody case. In short, a Restraining Order of Protection can derail your custody and visitation case. Therefore, avoid any act or situation that could be called abusive.
At the risk of sounding like a high school coach: failing to prepare is preparing to fail.
This mantra also applies to child custody and visitation. For instance, it is always best practice to immediately speak with an experienced custody and parental visitation attorney. Doing so enables you to create the strongest case possible.
For example, possibly there are issues with your case that can be improved. An experienced attorney can detect these potential sore spots. In doing so, the attorney can guide you towards actions that improve your chances for success.
Not all facts are created equally. For example, parental visitation and child custody cases involve a combination of good and bad facts. The combination of good and bad facts is like a hand in poker.
Depending on a case’s specific facts, the hand may be weak or strong. By preparing to win, you can develop a plan and proactively act towards improving your overall hand/case.
Part of preparing to win involves a long-term mindset. At times, properly preparing your case will take months. This preparation may occur in the following ways:
A solid child custody and visitation case is not built overnight. Instead, the best case possible will take months of action and commitment. With that said, fatherhood itself is a long-term commitment. Fatherhood does not come with a pause or rewind button. Accordingly, the best practice is to develop a plan and take the proper action moving forward.
Are you now working towards building the best case possible? Great. Now, keep the momentum going. In doing so, be persistent. As mentioned above, your judge wants to see stability, predictability, and consistency.
You will demonstrate all these important buzzwords by being persistent. In turn, your persistence will build a momentum that moves you towards your desired outcome.
A cliché goes, “Rome wasn’t built in a day.” Similarly, the ideal custody and parental visitation case is not built in a day.
As you stand, are you at a standstill? In other words, is your ex preventing you from seeing your child as desired? If so, take steps to build your case’s momentum. At the same time, be persistent and have a long-term focus.
Fatherhood never ends. Similarly, your custody and visitation case can continue until your child becomes an adult. In family court, almost any court order can be modified based on a big change in circumstances. Trust me, your case’s circumstances will change over time.
I have seen wild changes in some cases over the past decade. Regarding your specific case, with enough time and persistence thrown into the equation, your case’s circumstances will radically change. Because of this fact, a long-term perspective and being persistent will pay dividends.
Over time, as circumstances change, your visitation will increase. Additionally, a situation may arise that demonstrates that you ex is not fit to care for the child. If so, a major shift in child physical custody and visitation can occur.
Do you still have questions about father’s rights Attorney/Lawyer in Albuquerque, New Mexico? For over a decade, Matthew Legan Sanchez has represented fathers across New Mexico. Sanchez has the experience needed to handle your father’s rights case in Albuquerque. Sanchez can be reached by calling (505) SANCHEZ.
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