Parental Relocation/Move Away Attorney in Albuquerque
MOVING A CHILD AWAY FROM ALBUQUERQUE, NEW MEXICO
Relocation cases can be one of the most difficult and emotionally charged matters in family law. With move-away cases the stakes are high and the emotions follow suit. When one parent requests to leave New Mexico with a child, the presiding judge weighs a number of different factors to reach a decision that can dramatically change the course of a family’s life.
Contested relocation cases can be emotionally draining. No matter what side of a relocation case you are on, it can be a challenging experience. Parents who wish to move out of town or out of New Mexico with their children are often opposed by the other parent who does not want to miss frequent and meaningful contact with his or her children.
HOW THE COURT DECIDES PARENTAL RELOCATION/MOVE AWAY CASES IN NEW MEXICO
New Mexico courts usually consider the following factors when deciding relocation/move away cases in NM:
- Parent’s reason for leaving New Mexico;
- Child’s degree of bonding with each parent;
- The proposed relocation’s effect towards the other parent’s bonding/relationship with the child; and
- Child’s ties with New Mexico.
NM courts also consider factors that affect the child such as:
- Family bonds and community ties;
- Friends;
- Siblings;
- Adjustment to school and community;
- Extracurricular activities;
- How long the child has lived in the community;
- Stability of the proposed living arrangement for the child;
- History of abuse by a parent;
- Both parent’s mental health; and
- Best interests of the child.
THE PARENTAL RELOCATION/MOVE AWAY PROCESS IN ALBUQUERQUE, NEW MEXICO
In order to balance the factors above the court will likely order the parents to undergo mediation to see if they can come to an amicable decision. If mediation fails the parents will then be referred to the Court Clinic for a “Risk Assessment” and evaluation to determine what course of action is in the “best interests of the child.” In other words, the court wants to determine whether it is in the child’s best interests to stay in New Mexico, or to relocate to another state.
Are you a parent involved in a relocation dispute, where the other parent wants to leave New Mexico with your child? Is so, it is critical that you consult with a knowledgeable family law attorney who can advise you about your legal rights and help you make an informed decision on the best course of action. You need an experienced and aggressive lawyer that will fight for your legal rights. You need to call Matthew Legan Sanchez at (505) SANCHEZ.
FAQs FOR PARENTAL RELOCATION / MOVE AWAY CASES IN NEW MEXICO
WHEN CAN I MOVE MY CHILD AWAY FROM NEW MEXICO?
At times parents desire to move a child away from New Mexico, or move the child to another city within New Mexico. Common reasons for the relocation include:
- Career changes;
- Employment opportunities;
- Medical needs/treatment;
- Schooling & Extracurricular;
- Military; or
- Family ties.
Often the parent remaining in New Mexico strongly opposes the proposed relocation. In situations where the parents have joint legal custody, and both parents do not agree to the relocation, a judge must decide if the parent can remove the child from New Mexico.
WHAT IF THE COURT HAS NOT PREVENTED ME FROM REMOVING THE CHILD FROM NEW MEXICO?
In situations where a court order does not prevent the relocation, the best practice is for a parent to first receive written permission before relocating. Failing to provide the other parent with notice of the proposed relocation could result in the court finding that the relocation was made in bad faith. In situations where the child was either born in New Mexico, or lived in New Mexico for six consecutive months prior to the move, a court could find that New Mexico is the child’s home state and force the other parent to return to New Mexico with the child.
WHAT IF A PARENTING PLAN OR COURT ORDER PREVENTS MY EX FROM REMOVING MY CHILD FROM NEW MEXICO?
Your ex must follow the court order. Most parenting plans contain language that prevents a parent from removing your child from New Mexico, without your written consent. In these situations, both parents must agree to the relocation. When permission is denied, the parent requesting relocation must receive court approval to move the child away from New Mexico.
HOW DO I GET PERMISSION TO MOVE MY CHILD TO ANOTHER STATE IF WE HAVE JOINT CUSTODY?
You either need permission from the other parent, or court approval. Failure to receive permission to relocate could result in court sanctions, the court ordering a return of the child, attorney fees, and a change in custody/timesharing.
Assuming that the other parent does not approve the relocation, you must file a Motion to Relocate that requests court approval for the relocation. A hearing will be set to address the request to relocate. The assigned judge will consider a number of factors to determine if the proposed relocation is in the child’s best interests.
WHAT FACTORS DOES A NEW MEXICO JUDGE CONSIDER REGARDING PARENT/CHILD RELOCATION?
New Mexico judges generally enable parents to relocate with the child when the proposed move is in the child’s best interests. Similar to other custody issues, New Mexico judges are guided by the “best interests of the child standard” when determining if a parent can move the child away from New Mexico.
When one parent objects to the relocation, New Mexico courts generally consider:
- What stage are the parties at with the custody case? For instance has the court been involved with the matter before? Has a custody and visitation determination been made?
- What does the parenting plan or court order say about the relocation? Is there a notice or limitation requirement that addresses the proposed relocation?
- Does the parenting plan or court order establish a dispute resolution or require mediation before litigation? Did the parties follow the necessary steps before starting litigation?
HOW DO NEW MEXICO JUDGES DECIDE IF RELOCATION IS IN THE CHILD’S BEST INTERESTS?
Similar to most custody and timesharing issues, New Mexico courts are guided by the “best interests of the child” when deciding if a parent can move a child away from New Mexico. Ultimately the judge has wide discretion to determine the child’s best interests, and is guided by the following considerations:
- How the relocation improves the custodial parent and child’s quality of life;
- Why does the parent wish to relocate with the child;
- Why does a parent object to the proposed move;
- The child’s connection and ties with New Mexico;
- Potential economic and educational advantages outside of New Mexico;
- Does the relocation impact the child positively or negatively;
- Each parent’s history of bonding/relationship with the child;
- Can meaningful visitation take place with the relocation;
- How far away is the proposed relocation;
- The child’s age, developmental stage, needs, and likely impact of a relocation on the child’s development, taking into consideration any special needs;
- Any other factors impacting the child’s best interests.
Ultimately the court balances these factors to decide if the proposed relocation is in the child’s best interests. The assigned judge is generally assisted by Court Clinic (Risk Relocation Assessment), or Guardian Ad Litem (attorney that represents the child), to conduct a thorough investigation and enter recommendations regarding the child’s best interests. This investigation can include interviewing the parties, family members, and collateral sources (such as counselors, teachers, etc.).
HOW DO I PREVENT MY EX FROM REMOVING MY CHILD FROM NEW MEXICO?
Does a parenting plan or court order require you to consent to the proposed relocation? If so, then immediately note your objection in writing. Your ex will be violating a court order by removing the child from New Mexico without your approval. In such a situation, the court could find a violation, order the immediate return of the child to New Mexico, and sanction the other parent.
In situations where the court has never been involved, you should immediately file a Petition to Establish Paternity and request a Temporary Domestic Order (TDO). The TDO is an enforceable order that prevents relocation, once the TDO is properly served upon your ex.
You’re in a gray area when a court order does not address legal custody, or prevent the other parent from moving. Technically there is nothing preventing your ex from removing the child from New Mexico. If your ex relocates with the child, and enough time passes, the other state can become the “home state” and custody/timesharing will need to be addressed with the other state. This is why it is extremely important to immediately file a Petition and properly serve your ex with a TDO, if you suspect that your ex intends to move your child away from New Mexico.
HOW LONG DOES THE RELOCATION PROCESS USUALLY TAKE?
Relocation issues are often one of the more emotionally contested issues in family law. As shown above, a number of different factors are balanced when determining if the relocation is appropriate. Often a GAL, Court Clinic, or third party is necessary to conduct an investigation and make recommendations regarding the proposed relocation. Based on the complexity of the issue, relocation cases generally take six months or longer to complete.
Relocation cases are multi-faceted. If you have questions about the relocation process, you should speak with an experienced attorney such as Matthew Legan Sanchez.
CHILD RELOCATION ATTORNEY IN ALBUQUERQUE
Are you looking to relocate with your children to another state? Does your ex want to remove your children from New Mexico? In either situation, it is important to immediately speak with an experienced child custody lawyer in Albuquerque. If you relocate with the children without the other party or court’s approval, your judge could force your return to New Mexico. Your judge could potentially find that your actions were detrimental to the child’s best interests, and grant the other parent primary custody.
Immediate action can help if the other parent is planning to relocate with your children and you oppose the move. Filing a motion to prevent the relocation can impact the court’s final decision. The court may be more likely to prevent a parent from relocating with the children if the move has not occurred, compared to forcing a parent who has already moved to return the children to New Mexico.
NEW MEXICO COURTS DECIDE PARENTAL RELOCATION/MOVE AWAY
New Mexico courts do not have the power to prevent a parent from leaving NM. However, the court does have the power to prevent a child from leaving the home state of New Mexico. Relocating with a child is never a easy matter that is free from emotion or legal challenges. Everyone involved with a child’s relocation will be greatly impacted by the move.
In a NM move away case, even when the court denies the requested relocation, the requesting parent can still leave the state. The court’s decision simply means that the parent cannot move the child away from NM.
CONTACT A PARENTAL RELOCATION/MOVE AWAY ATTORNEY NEAR YOU
When you are faced with New Mexico child custody laws for moving a child away from NM, you need an experienced attorney that will fight for you and your child. The advice and guidance of a trusted family lawyer can help you decide if the relocation is possible. Are you looking to relocate from NM, or need to prevent a parent from leaving the state with your child? Matthew Legan Sanchez has the needed experience to help. Sanchez is dedicated to protecting your parental rights and finding a solution in your child’s best interests.
