Have you been wondering, “When Can I Modify Child Full Legal Custody and Parental Visitation in Albuquerque, New Mexico?” If so, child full legal custody and parental visitation can be modified when a major change in circumstances occurs. According to New Mexico law, a significant and material change in circumstances (“major change”) must take place after a child full legal custody or parental visitation order is entered for a modification/change to occur.
Let’s uncover common questions about modifying child full custody and parental visitation in New Mexico. The answers help readers achieve a better understanding of when child full legal custody and parental visitation can be modified in New Mexico.
WHAT IS THE DIFFERENCE BETWEEN JOINT LEGAL CUSTODY AND PHYSICAL CUSTODY IN ALBUQUERQUE, NEW MEXICO?
Child full Legal custody deals with a parent’s ability to make decisions on a child’s behalf. These decisions involve religion, education, medical, and extra-curricular activities. Joint legal custody enables both parents to make decisions on a child’s behalf. With joint legal custody, both parents usually must agree before a child’s status quo activities/providers can be changed. On the other hand, sole legal custody enables one parent to make decisions on a child’s behalf, without the other parent’s approval.
Physical custody means each parent’s timesharing/visitation with the child. Physical custody and legal custody are often used interchangeably — but are different. For instance, one parent can have sole legal custody, with the co-parent having joint legal and physical custody and timesharing with the child. In other words, sole legal custody doesn’t necessarily include sole physical custody.
With that said, joint legal and physical custody also have similarities. For instance, both can be modified based on a substantial and material change in circumstances (“major change”) that impacts the child’s welfare. Based on this major change, a prior child custody order can be modified when it no longer reflects the child’s best interests.
WHAT ARE EXAMPLES OF SUBSTANTIAL CHANGE IN CIRCUMSTANCES IN NEW MEXICO?
In New Mexico, a substantial change in circumstances is needed to modify an existing Child Full Legal Custody and Parental Visitation order. Family court judges have big power to determine what is considered a substantial change in circumstances. In other words, family court judges decide what is considered a major change in circumstances needed to change child full physical custody and parental visit.
Examples of a substantial change in circumstances may include:
- Child abuse or mistreatment by a parent or household member;
- Major change in a parent’s home;
- Behavioral problems at school;
- Excessive tardiness, absences, or school problems during one parent’s timesharing;
- Drug or alcohol abuse that impacts a parent’s ability to care for the child;
- Parental alienation, or bad-mouthing;
- A parent repeatedly declining or missing visitation;
- Criminal convictions for domestic violence, DWI, or child abuse;
- Criminal activity in a parent’s home;
- CYFD verifying abuse/neglect at a parent’s house;
- A child’s disclosures of abuse, neglect, or issues within a parent’s home;
- Breakdown in the parent-child relationship; or
- A combination of factors that creates a major change.
GOOD REASONS TO CHANGE PARENTAL VISITATION OR TIME SCHEDULE IN ALBUQUERQUE, NM?
There are good and bad reasons to change parental visitation and time sharing in Albuquereque, NM.
Here are some good reasons to change parental visitation and time.
ONE PARENT IS UNFIT TO CARE FOR THE CHILD IN FULL LEGAL CUSTODY
Parental unfitness is a legitimate basis to modify legal child custody and parental visit. At times, parents lose the ability to provide children with adequate safety, maintenance, or supervision. Parental unfitness can be caused by many factors. Common factors include:
- Significant mental health issues;
- Drug or alcohol abuse;
- Domestic violence; or
- Any reason that prevents a parent from properly caring for the child (neglect).
UNSAFE/DANGEROUS HOME ENVIRONMENT CAN IMPACT CHILD FULL LEGAL CUSTODY AND PARENTAL VISITATION IN NEW MEXICO
An unsafe/dangerous home environment is a good reason to change a parental visit or time schedule in New Mexico. A dangerous home environment may be caused by criminal activity or domestic violence in a parent’s home. Also, substance abuse or mental health issues may create an unsafe home environment. Finally, a combination of factors may create a dangerous home environment for children.
MAJOR PROBLEMS AT SCHOOL IN NEW MEXICO
Major problems at school are a good sign of big problems at home. Accordingly, family court judges are highly concerned by problems in school. These problems may include excessive absences, behavioral outbursts, or otherwise extreme or inappropriate behavior.
BIG CHANGE IN WORK SCHEDULE
Parents cannot exercise timesharing at work. At times, a parent’s work schedule changes and the child legal custody and parental visitation schedule are no longer appropriate.
For example, possibly a parent’s work schedule changes to an untraditional, grave-yard shift. In doing so, the child is continually left with friends or family members – rather than the parent. In this situation, the court may find that child custody/parental visitation should be changed to reflect the parent’s current work schedule.
BOTH PARENTS AGREE TO THE CHANGE
Not all child full legal custody and parental visitation changes are a contentious battle. At times, parents agree that a change in child full custody and parental visit best serves their child. When this happens, the parents should create, sign, and file a Stipulated Order. Once signed by the assigned judge, the Stipulated Order creates a clear and enforceable court order.
CAN YOU MODIFY A PARENTAL VISITATION PLAN WITHOUT GOING TO COURT?
Yes. A parental visitation plan can be modified without going to court. However, both parents must agree on the proposed modification. For instance, both parents must agree to the change in child custody, parental visit, holiday timesharing, or child support.
Do both parents agree to changing the parental visitation plan? If so, the best practice is for the parents to write and sign a Stipulated Order that updates the changes. Once filed and signed, the Stipulated Order becomes an updated and enforceable parental visitation or child custody order.
HOW TO WIN A MODIFY CHILD FULL LEGAL CUSTODY AND PARENTAL VISITATION CASE IN ALBUQUERQUE, NEW MEXICO
How to win a modify child full legal custody and parental visitation case depends on your unique goals. For instance, do you want to “win” your case at the lowest cost and stress? Conversely, are you willing to potentially spend thousands on a Guardian Ad Litem (GAL), or custody expert? Moreover, are you willing to spend months engaged in potentially expensive and stressful litigation?
Ultimately, these are questions that you must answer. Additionally, it is important to consider your case’s strengthens and weaknesses. For instance, do you have weak arguments regarding the major change in circumstances necessary to modify parental visitation or legal child custody? Alternatively, do you have a very strong argument, based on clear and provable parental unfitness?
How about your ex’s potential arguments? Specifically, does your ex have counter arguments regarding issues in your home? Moreover, will your judge have concerns regarding your ex’s potential counter arguments? In this respect, it is often a bad strategy to throw stones when you live in a glass house. Saying it differently, it’s a bad move to claim parental unfitness when there are valid counter arguments.
Finally, it is important to consider how contentious your case will be. For example, do you have a strongly contested modification case? In other words, do you and your ex strongly disagree on whether custody should be modified? If so, do both sides have valid arguments to modify the current child custody or parental visitation in new mexico?
REASONS A JUDGE WILL CHANGE CHILD FULL LEGAL CUSTODY AND PARENTAL VISITATION IN NEW MEXICO
Family court judges will change joint legal custody and parental visitation when a major change in circumstances has occurred, and the current child full legal custody and parental visitation no longer reflects the child’s best interests. Ultimately, family court judges are guided by the best interests of the child standard. This means that judges will modify child full custody and parental visitation if the current order no longer serves the child’s best interests.
With that said, every modification case is unique. There are many factors that impact the likelihood that a judge will change custody in New Mexico. As such, it is essential to speak with an experienced child full legal custody and parental visitation attorney in New Mexico regarding your case’s unique facts.
An experienced family law attorney/lawyer can assess your case’s strengths and weaknesses. In doing so, a seasoned attorney can help you understand the potential costs and benefits of filing a motion to modify child custody/parental visitation.
HOW TO FILE FOR EMERGENCY CHILD FULL CUSTODY IN ALBUQUERQUE, NEW MEXICO
Emergency child full custody can be granted through a restraining order of protection. A protective order can be entered on a child’s behalf when a parent/household member poses an immediate threat of harm to the child. Accordingly, parents routinely use protective orders to achieve emergency child full legal custody.
Alternatively, CYFD may become involved and enter a Safety Plan that places a child with one parent. When this happens, parents usually request a protective order to also be entered on the child’s behalf. A protective order creates an enforceable court order that can grant one parent temporary/emergency custody.
Otherwise, parents can file an emergency motion to modify child custody. With that said, the protective order process is usually the quickest way to achieve an emergency custody court order. Therefore, parents generally use the restraining order of protection hearing process when abuse has occurred, and one parent poses an immediate threat of harm to the child.
THE BEST ALBUQUERQUE CHILD FULL LEGAL CUSTODY LAWYERS NEAR ME
Do you have questions about modifying or enforcing child custody/visitation in New Mexico? If so, it is essential to speak with one of the best divorce lawyer for child full legal custody in Alburqueque New Mexico. An experienced an effective child custody attorney can help you strengthen your child physical custody and parental visitation case. In doing so, a top child custody lawyer or attorney can help you understand the pros and cons of litigation. Call a tested and trusted family law attorney. Call (505) SANCHEZ today.
