Are you wondering what happens at merits hearing for child custody in New Mexico?
If yes, a “merits hearing” for child custody in New Mexico is a final hearing or trial where custody and visitation issues are decided. At this hearing, your judge listens to testimony, arguments, and reviews evidence from both parties involved in a custody dispute.
The purpose of the hearing is to determine what is in the best interests of the child regarding custody and visitation issues.
During this hearing, both parents can present evidence and testimony. Moreover, the judge may also consider reports and recommendations from court-appointed experts, professionals, or attorneys involved in the case.
For example, the judge may consider recommendations from Court Clinic or an Advisor Consultant. In more contentious or complex cases, an 11-706 child custody expert, or a Guardian Ad Litem (GAL) may provide a report and recommendations.
These reports and recommendations highly influence the judge’s final decision.
Finally, the judge considers the testimony, evidence, and recommendations. In doing so, the judge determines the appropriate custody and visitation based on the child’s best interests.
Check out this video for more information on the best interests of the child standard in New Mexico.
Now, let’s uncover the full picture of what happens at merits hearing for child custody in New Mexico.
In New Mexico, a merits hearing for child custody is the final step in a sequence of steps.
The first step is filing the necessary petition or motion to get the case started. For example, the custody case may correspond with a divorce. If so, a petition for dissolution of marriage must be filed to open the case.
Moving forward, a motion to establish custody and timesharing is filed. This motion also includes a request for hearing and notice of setting.
For unmarried parents, a case is opened by filing a petition/request to establish paternity, custody, and visitation.
This request opens the case. The request is then coupled with a request for hearing and notice of setting.
It usually takes about one to three months from the petition/motion being filed for the initial hearing. The initial hearing is often a “summary hour hearing.”
What is a summary hour hearing for child custody in New Mexico?
A summary hour hearing is basically a pre-trial conference. At this hearing, the judge hears the issues and decides how to move the case forward.
Moreover, how the case progresses depends on the county and judge. For example, a judge in Los Lunas may want the case to move in a different direction than a judge in Albuquerque or Rio Rancho.
Additionally, some judges prefer court appointed experts or professionals to become involved with the case. In doing so, the expert or professionals investigate the claims and issues. Ultimately, the court appointed experts or professionals provide recommendations regarding the child’s best interests.
With that said, some judges prefer to decide the cases themselves. In this respect, the judge may prefer to hear the parties testify and present evidence. The judge then decides the appropriate custody and visitation schedule based on this evidence and testimony.
As mentioned, your case’s path greatly depends on the county, courthouse, and judge. Each county, courthouse, and judge are created equally.
Judges are human.
Judges have unique personalities, beliefs, biases, and perspectives. These perspectives impact how the case flows through the judge’s courtroom. Most importantly, these perspectives influence the judge’s final decision.
In Albuquerque, most contested child custody cases flow through Court Clinic. Court Clinic in Albuquerque is a relatively low-cost service that helps judges decide custody and visitation issues.
Court Clinic’s involvement varies based on the case’s conflict and complexity. For example, some low conflict cases may be resolved through mediation.
Conversely, high conflict and complex cases may require an “advisory consultation.” During this process, an assigned court clinician speaks with the parties. Additionally, the court clinician performs parent-child observations.
The court clinician uses this information and observations to make recommendations regarding the child’s best interests. These recommendations take place at a Court Clinic report-back hearing, or merits hearing.
Highly complex or contentious cases usually require a Guardian Ad Litem (GAL). A GAL is a court appointed attorney that represents the child’s interests. The GAL’s investigation like the court clinic process.
Nevertheless, the GAL process is often more in-depth and time-consuming compared to Court Clinic. instance, the GAL may conduct a home interview, or spend additional time speaking with important third-party sources.
Most importantly, the GAL process is usually far more expensive than Court Clinic.
Finally, an 11-706 Expert is a court appointed doctor. This doctor usually becomes involved with custody cases involving sexual allegations, alleged abuse, or long periods of separation between child and parent.
Like Court Clinic and GAL, the 11-706 expert investigates the claims and then makes recommendations.
Each child custody case is unique. Consequently, each child custody case may require a different path from start to finish.
A merits hearing is sometimes called an evidentiary hearing. When Court Clinic is involved, the merits hearing may be called a report back hearing.
Nevertheless, a merits hearing is basically a trial where testimony, evidence, and recommendations are made.
The hearing usually lasts about one to three hours.
After all evidence, testimony, and recommendations are made, the judge weighs the evidence. In doing so, the judge decides what custody and visitation schedule reflects the child’s best interests.
This decision is often a final order. Moving forward, the court may either close the case, or schedule a review hearing.
A review hearing in Albuquerque, New Mexico is a hearing after the merits hearing and order. A review hearing usually happens about three to four months after the merits hearing.
What’s more, a review hearing enables the assigned judge to review the case’s progress and status.
In other words, a review hearing enables the judge to see if any tweaks or changes are needed. For instance, based on compliance or counseling, the court may decide that the non-primary parent’s visitation can be expanded.
In other cases, the court may determine that additional services or resources are needed. For example, the court may find that additional therapy, drug/alcohol counseling, or co-parenting education is necessary.
Check out this video for more information on what to expect during a family court hearing.
Are you facing a contested divorce or child custody case in Albuquerque, New Mexico? If so, are you wondering, “What happens at merits hearing in New Mexico?
For fourteen years, Sanchez has handled contentious divorce and child custody cases. Across New Mexico, Sanchez has handled custody cases involving restraining orders and domestic violence.
Your family deserves a seasoned and successful Albuquerque divorce and child custody attorney.
Call (505) SANCHEZ today.
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