Does your ex pose an immediate threat of danger to you or your children? If so, are you wondering, “How Can I keep My Children Away From An Unfit Mother or Father During a Divorce Case in in Albuquerque, New Mexico?” You are not alone. Across New Mexico, domestic abuse rates are rising. In many cases, an unfit mother or father poses an immediate threat of harm to the children.
Are you the victim of domestic abuse and searching for domestic violence attorney or lawyers in Albuquerque, New Mexico?
If so, it is important to understand when you can keep your child away from an unfit father or mother.
DO YOU HAVE VALID AND ENFORCEABLE COURT ORDER IN ALBUQUERQUE, NEW MEXICO?
First, do you have a valid and enforceable court order in New Mexico? For instance, has a custody court order been entered in a Domestic Matters (DM case)? Specifically, do you have a child full custody and parental visitation order from a custody or contested or uncontested divorce case?
Parents that have a valid/enforceable child full custody and parental visitation court order must follow the order until modified.
KEEPING A CHILD AWAY FROM THE OTHER UNFIT PARENT CAN BACKFIRE DURING A DIVORCE CASE
Failing to follow an enforceable court order can hurt your divorce case. For several reasons, keeping a child away from the unfit parent can backfire.
First, the judge may be angry or offended that their family court order isn’t being followed. In this regard, some judges are more sensitive than other about court child custody orders not being followed. Depending on your judge, the violation can greatly impact your case.
Next, refusing to follow an enforceable physical child custody or parental visitation order may cause concerns regarding alienation or coaching. In other words, keeping a child away from the other parent can backfire.
It is best practice to follow an enforceable court order until it has been modified, or another order is entered (either through a Temporary Order of Protection, or CYFD Safety Plan).
HOW TO KEEP UNFIT MOTHER OR FATHER AWAY FROM CHILD IN NEW MEXICO?
Do you believe that unfit mother or father has an unsafe environment for your child in New Mexico? Moreover, do you believe that this unsafe environment poses an immediate threat of harm to your child? If so, you should contact CYFD regarding the unsafe environment and potential danger to your child.
Next, has an act of abuse occurred that places your child in an immediate threat of danger? If yes, then you should request a Restraining Order of Protection. A Temporary Restraining Order (TRO) can be entered this request provides enough evidence regarding abuse. Often, the TRO grants the parent temporary child custody, until a hearing is held.
WHAT ARE REASONS TO STOP UNFIT PARENTS SEEING CHILD?
As mentioned, it is always best practice to follow an enforceable court order until modified. However, when a child legal custody or parental visitation order has never been entered, through a uncontested and contested divorce or child legal custody case, a parent isn’t violating a court order by stopping unfit parents from seeing the child.
However, even when a child full custody or legal parental visitation court order has not been entered, parents should inform the other parent why the child is being withheld. Moreover, the child should only be withheld when parents reasonably believe that the co-parent poses a danger to the child.
A parent should contact CYFD when the co-parent poses a danger to the child. Moreover, unfit parents should request a restraining order of protection when abuse has occurred that places the child in danger.
HOW DO I GET A COURT ORDER TO STOP UNFIT MOTHER OR FATHER FROM SEEING CHILD DURING A DIVORCE CASE?
There are several ways to get a court order to stop unfit mother or father from seeing the child. First, when abuse is present, a parent can file a restraining order of protection. When a child full legal custody or parental visit order is in place, a parent can file a motion to modify child full legal custody or parental visitation. Finally, at times, CYFD may become involved and enter a Safety Plan that controls parental visitation.
WHAT IS CONSIDERED AN UNSAFE ENVIRONMENT FOR A CHILD IN ALBUQUERQUE, NEW MEXICO?
In New Mexico, CYFD or the family court determines an unsafe environment for a child. Factors that CYFD/Court consider include:
- Abuse;
- Neglect;
- Drug or alcohol abuse;
- Severe mental health issues;
- Leaving the child unattended;
- Placing the child in a dangerous home environment, or situations;
- Domestic violence or arrests that place the child in danger;
Ultimately, CYFD/Court determines if there is an unsafe environment for a child.
WITHHOLDING A CHILD FROM ANOTHER PARENT
As mentioned, withholding a child from another parent can backfire. Moreover, contacting CYFD with baseless allegations may lead to CYFD having concerns about the parent that started the investigation.
For these reasons, it is essential to speak with an experienced family violence attorney before withholding a child from another parent.
DOMESTIC VIOLENCE ATTORNEY OR LAWYERS IN ALBUQUERQUE, NEW MEXICO
Are you or your children the victim of domestic violence in Albuquerque, New Mexico? Do you believe that your ex is unfit parent to care for your children during a divorce case? In either scenario, it is essential to speak with the best domestic violence and child legal custody attorney in Alburquerque, New Mexico. The best domestic violence family lawyer can help you understand your options under Albuquerque, New Mexico. Talk to (505) SANCHEZ today.
