Are you researching New Mexico child custody laws for unmarried parents?
In New Mexico, child custody and visitation laws for unmarried and married parents are similar. Specifically, the court’s primary focus is determining the best interests of the child.
In other words, family courts are child-centered and not parent-centered. Therefore, a parent’s married or unmarried status is not the court’s primary focus or concern. Instead, the child-centered focus considers many factors that determine the child’s best interests.
Let’s explore New Mexico child custody laws for unmarried parents. In doing so, let’s explore the best interests of the child.
BEST INTERESTS OF THE CHILD FOR UNMARRIED PARENTS
In New Mexico, custody and timesharing are based on the child’s best interests. Nevertheless, the court considers many factors when deciding a child’s best interests.
For example, the court examines the child’s bonding and attachment with each parent. In this respect, family courts want to know which parent has primarily raised the child. Moreover, your judge wants to know which parent has been the child’s “primary caregiver” during the relationship.
Next, NM family courts examine each parent’s ability to provide for the child’s physical, mental, and emotional needs. In this regard, the court examines parental fitness.
For instance, does either parent have a history of domestic violence, mental health, or substance abuse that impacts a parent’s ability to care for the child?
Moreover, are there any restraining orders or CYFD involvement? If yes, was there a finding of abuse or neglect?
Next, the court is concerned by the visitation schedule that has occurred since the couple’s separation. Specifically, the court wants to know what the “status quo” has been. This status quo can greatly impact the court’s decision regarding the appropriate visitation order moving forward.
The status quo impacts the court’s final decision. This happens because judges generally believe that children are best served through consistent and predictable schedules. Therefore, judges are reluctant to change a consistent and predictable visitation schedule.
Finally, judges are concerned by work schedules and other factors that impact a parent’s ability to care for the child.
Watch this video for more information on the best interests of the child in New Mexico.
HOW ARE CUSTODY CASES STARTED FOR UNMARRIED PARENTS?
The biggest difference between custody cases for married and unmarried parents is how the case begins. In other words, cases for married and unmarried parents are procedurally different.
For unmarried parents, a custody case is opened through a request to establish paternity, visitation, and child support.
Is paternity being denied?
In other words, are either mother or father denying parentage? If so, then the court will require father to take a DNA test. This DNA test establishes if the alleged father is the child’s biological parent.
Once paternity is established, the court then determines custody and visitation.
Regarding custody, New Mexico law presumes that children are best served through joint legal custody. Joint legal custody means that both parents can make decisions regarding issues that impact the child.
Nevertheless, there are situations where the court can grant one parent sole legal custody.
Check out this video to better understand when a court can award sole legal custody in Albuquerque, NM.
As mentioned, visitation is always based on the child’s best interests.
It is important for unmarried parents to seek legal guidance and representation to ensure their rights and the best interests of their child are protected.
HOW DO MARRIED FATHERS ESTABLISH CUSTODY AND VISITATION?
Married parents and fathers can establish custody and visitation by requesting a divorce. In New Mexico, in most cases, a Parenting Plan must be entered before the divorce is granted.
A Parenting Plan is a contract that outlines custody, visitation, and child support. Moreover, the Parenting Plan often controls tax issues, holiday visitation, and dispute resolution.
Nevertheless, the legal standard for determining custody and visitation is the same for married and unmarried parents. In other words, whether you are married or unmarried, your visitation schedule is determined by your child’s best interests.
RESTRAINING ORDERS IMPACT CHILD CUSTODY FOR UNMARRIED PARENTS
A restraining order being entered can greatly impact long-term custody and visitation. You see, a restraining order being entered enables the domestic violence court to determine custody and visitation for six months.
This six-month order creates a status quo that follows the case. Moving forward, this status quo creates a momentum that can be difficult to change.
Are you an unmarried parent facing a restraining order? If so, it is essential to speak with an experienced child custody and order of protection attorney.
An experienced attorney can help you understand the impact between restraining orders and child custody cases.
Moreover, an experienced attorney can help you to present your best case. In doing so, you can avoid creating momentum that negatively impacts and follows your custody and visitation case.
For now, this video helps you understand how restraining orders impact child custody cases.
NEW MEXICO CHILD CUSTODY LAWS ATTORNEY FOR UNMARRIED PARENTS
Are you an unmarried parent that is looking for one of the best divorce and child custody attorneys in Albuquerque, New Mexico?
Look no further.
Sanchez has handled the most complex divorce, restraining order, and child custody cases. For fourteen years, Sanchez has battled false allegations of domestic violence and abuse.
Alternatively, Sanchez has worked to protect mothers and fathers from unwanted abuse through protective orders.
Whether you are an unmarried mother or father, Sanchez has the experience that you need.
You and your child deserve the best.
Call (505) SANCHEZ today.
