Are you researching modification of custody orders in Albuquerque, New Mexico?
At times, parents desire to modify or change an existing child custody order. To do this, either parent can file a motion to modify.
Alternatively, when both parents agree, a stipulated order can be submitted that updates the prior custody or visitation order.
Do you and your ex disagree on modifying your current custody order? If so, you need to file a motion to modify.
In doing so, a hearing will be held. At this hearing, your assigned judge determines if a major change in circumstances has occurred. Next, your judge decides if the proposed change reflects your child’s best interests.
MODIFYING CUSTODY & VISITATION ORDERS IN ALBUQUERQUE, NM
Looking to modify your existing custody and visitation order in Albuquerque, New Mexico?
If yes, your first hurdle is showing that a major change in circumstances has occurred. In New Mexico, your motion must include a statement that a material change in circumstance has occurred. In turn, this major change must impact the child’s best interests.
Based on this major change, the current order must no longer reflect the child’s best interests.
In Albuquerque, New Mexico, parents looking to modify existing custody and visitation orders must demonstrate a major change that makes the current schedule contrary to the child’s interests.
This major change can be something drastic such as child abuse, neglect, or substance abuse that directly affects a parent’s ability to care for the children.
In the middle, the major change could be a change in a parent’s work schedule, or ability to follow the current schedule.
On the lower end, the major change could be a combination of smaller issues that add up to a big change. Ultimately, your assigned judge determines if a major change in circumstances has occurred.
In doing so, your judge also decides what custody and visitation schedule best serves your child.
Watch this video for more information on best interests of the child in New Mexico.
HOW TO MODIFY A CUSTODY ORDER IN NEW MEXICO
In New Mexico, parents can modify their custody order in a several ways. First, the change can occur through mutual agreement.
MUTUAL AGREEMENT
Do you and your ex agree on modifying your current court order? If so, best practice is to complete and sign a stipulated order.
This stipulated order includes the modified agreement.
Once filed and signed, the stipulated order becomes the enforceable order.
At times, a child custody agreement can be reached through mediation. With mediation, an experienced professional helps parents to meet in the middle. In doing so, the parents reach an agreement without court involvement.
Increasingly, family court judges require parents to mediate their child custody disputes before a hearing is set. In doing so, the court indicates the preference for parents to co-parent and resolve issues without court involvement.
MOTION TO MODIFY CHILD CUSTODY ORDER
Do you need to modify your custody agreement in New Mexico? If so, are you and your ex unable to reach a mutual agreement?
Unfortunately, not all custody issues can be amicably resolved. At times, the family court must become involved.
In this situation, a motion to modify is necessary.
Modifying a child custody order is sometimes necessary the current order no longer reflects the child’s best interests.
To modify an existing court-ordered custody or visitation agreement, a parent must file a motion to modify.
A hearing is then scheduled to address the motion.
The court considers several factors such as the current arrangement, any changes in circumstances, and what is in the best interest of the child. After considering these factors, the court decides what visitation best suits the child.
PARENTAL RELOCATION/MOVE-AWAY
Parent relocation/move-away is the third common reason for modifying a custody order. Specifically, one parent desires to move the child away from New Mexico.
Do you are your ex want to move your child away from New Mexico? For example, do you wish to move your child to Arizona, Texas, California, or another state?
If so, you must agree on the proposed move.
A motion to relocate must be filed when parents cannot agree. In this situation, the assigned judge must decide if the proposed move-away best serves the child.
Check out this video for more information on parent relocation/move-away cases.
MODIFICATION OF CUSTODY ORDERS ATTORNEY NEAR ME
Are you looking for a top child custody attorney in Albuquerque, New Mexico to help you enforce or modify your custody orders?
Look no further!
Our experienced team of child custody attorneys are here to help you with the modification process.
Our legal team understands that New Mexico Parenting Plans are subject to change over time. Most importantly, we have the knowledge and expertise to navigate your modification case.
Sanchez routinely modifies child custody orders in Rio Rancho, Los Lunas/Belen, Santa Fe, Socorro/Estancia, Gallup/Grants, or Taos Los Alamos.
Call (505) SANCHEZ today for more information on how we can help you modify your custody order.
Modification of Custody Orders in Albuquerque, NM
