There are common issues that demonstrate problems at home. In isolation, one problem can be concerning. This concern grows when additional problems are uncovered. Eventually, the problems can create a big change in circumstances. If so, then the existing child custody and parental visitation agreement can be modified to reflect your child’s best interest.
Here are some home issues that family court judges find concerning.
PROBLEMS AT SCHOOL IN NEW MEXICO
Problems at school are a telltale sigh of home problems. You see, family court judges believe that problems at school indicate problems at home. Moreover, home problems may demonstrate a lack of structure, stability, or emotional support. Consequently, a child’s school performance often mirrors the home environment.
Concerning problems at school include:
- Excessive tardiness and absences;
- Behavior problems;
- Declining grades; and
- School work not being completed.
These problems may demonstrate a breakdown in the home environment. Consequently, your judge may question your home’s structure, safety, and stability. In turn, your child custody case may crumble.
DOMESTIC VIOLENCE AT HOME IN NEW MEXICO
Family court judges are extremely concerned by domestic violence at home. With that said, domestic violence isn’t limited to punching, pushing, or pinching. Instead, domestic violence can include:
- Severe emotional abuse;
- Physical abuse; or
- Damage to property.
At times, domestic violence can result in criminal charges. Alternatively, domestic violence can result in a Restraining Order of Protection being entered. Finally, domestic violence can result in CYFD or police involvement.
CYFD OR POLICE INVOLVEMENT
CYFD routinely becomes involved with families regarding allegations of abuse or neglect. As discussed, abuse can include any number of abusive acts. Additionally, CYFD often becomes involved regarding claims of neglect. For example, the following may demonstrate parental neglect:
- Lack of medical care/treatment;
- Leaving children unattended;
- Failing to protect children; or
- Placing children in dangerous situations.
CYFD or Police involvement often includes Restraining Order of Protections. Additionally, CFYD substantiating claims of abuse or neglect may result in a parent being awarded sole legal custody. In other words, your family court judge will be concerned by CYFD or police involvement.
UNSTABLE/DANGEROUS PEOPLE IN HOME
Judges are concerned by dangerous or unstable people in your home. In this respect, your judge may find that you are guilty or unstable by association. New Mexico family court judges are concerned when drug addicts are in your home. Moreover, your judge will be concerned if criminals are constantly in your home. Finally, judges do not like to see people with mental or emotional instability in your home.
CHILD’S DISCLOSURES — HOW FAMILY COURT JUDGES SPOT PROBLEMS AT HOME
At times, children make concerning disclosures about a parent’s home environment. NM family court judges do not allow children to testify in court. However, judges can hear your child’s statements through:
- Court Clinic;
- Appointing a Guardian Ad Litem (GAL);
- Involving an 11-706 custody expert; or
- In camera interview (judge speaks directly to child).
Depending on the severity of the disclosures, your child’s statements can significantly impact your case.
DRUG OR ALCOHOL ABUSE IN ALBURQUEQUE NEW MEXICO
Drug or alcohol abuse is highly concerning. Does your case involve allegations of drug or alcohol abuse? If so, your judge can order:
- Both parties to take a Peth test that detects abusive alcohol consumption; or
- Six-month hair follicle test to detect drug abuse.
Your test results can significantly impact your case. For instance, testing positive for a serious narcotic can destroy your custody or visitation case. Moreover, abusive levels of alcohol consumption can significantly impact your case.
INSTABILITY — HOW FAMILY COURT JUDGES SPOT PROBLEMS AT HOME
Unstable parents usually have unstable home environments. Instability includes each issue addressed above. Moreover, instability also includes:
- Bouncing from home to home; or
- Inability to maintain steady employment.
Your judge’s level of concern rises with the number of problems in your home. In other words, your judge will have an issue with your case depending on the number of issues/problem areas in your home. At a certain point, your judge will consider:
- Tweaking the visitation schedule;
- Major changes to visitation; or
- Awarding sole legal custody.
ALBUQUERQUE CHILD CUSTODY ATTORNEY/LAWYER NEAR YOU
For over a decade, Matthew Sanchez has handled child custody and parental visitation cases across New Mexico. Sanchez handles family cases across New Mexico, including: Rio Rancho, Los Lunas, Belen, Gallup, Santa Fe, Estancia/Socorro. Speak with a seasoned and successful custody lawyer. Speak with (505) SANCHEZ.
How family court judges spot problems at home
