Parental Rights & Responsibilities in Albuquerque, New Mexico

 

PARENTAL RIGHTS AND RESPONSIBILITIES IN ALBUQUERQUE, NEW MEXICO

 

Parenthood is a double sided coin.  At times parenthood is a charming Saturday afternoon at Tingley Beach.  At other times parenthood can be a gloomy Monday morning at the MVD.   There are ups/downs, good/bad, rights/ responsibilities with parentage.

On the right side of the coin, the US constitution provides parents with fundamental and inalienable parental rights. New Mexico’s stance on parental rights is in line with the Constitution and presumes that it is best for both parents to share legal and physical custody over one’s child.

Despite New Mexico’s clear stance on parental rights, at times confusion exists regarding legal vs. physical custody.

 

JOINT LEGAL CUSTODY IN NEW MEXICO

 

Joint legal custody means the right for both parents to make decisions that affects a child, such as: (1) Religion, (2) Education, (3) Extra Curricular, (4) Schooling, (5) Status Quo providers, etc.  There is a presumption that joint legal custody is in a child’s best interests.  Because of this fact, generally speaking, New Mexico courts will award parents joint legal custody and decision making rights regarding a child.

 

TEMPORARY SOLE LEGAL CUSTODY

 

At times New Mexico courts will award temporary, sole legal custody.  This sometimes occurs when a child is an infant, or when CYFD has substantiated claims of abuse or neglect against one parent.  Nonetheless, generally speaking, over time the court will gravitate toward joint legal custody, especially in situations where both parents show an active concern and desire to be involved with the child.

 

JOINT PHYSICAL CUSTODY IN NEW MEXICO

 

Physical Custody means the time that each parent shares with the child.  Even in extreme situations – such as when a permanent restraining order is entered, or CYFD substantiates claims for abuse/neglect – both parents will receive some degree of time-sharing with the parties’ child (i.e. joint physical custody).  Particularly in Second Judicial District Court, the court tends to follow Time-sharing Guidelines that were developed by clinical psychologists, and allege to outline the most optimal form of time-sharing based on the child’s age and developmental progress.

Click here for Suggested Time-sharing Guidelines: Suggested Visitation and Time-sharing Guidelines. 

As you can see from the Suggested Guidelines, the suggested time that the non-custodial parent spends with the child begins with a primary home and short, frequent visits with the other parent.  This time is gradually increased, as the child matures and grows.

 

WHAT ARE A PARENT’S RESPONSIBILITIES IN NEW MEXICO?

 

Great power also brings great responsibility.  On the responsibility side of the coin, parents have a number of responsibilities in relation to children.  Child support is the most frequently litigated and discussed form of parental responsibility.

For more information on how child support is established in New Mexico, click here:

 

DUTY OF CARE PARENT-CHILD RELATIONSHIP IN NEW MEXICO

 

In addition to child support, parents also have a duty to provide adequate care and safety for the child.  Failure to provide the requisite level of care generally results in CYFD initiating an investigation for abuse/neglect.  In situations where the claims of abuse/neglect lack merit, CYFD will “un-substantiate” the claims, and decline to take subsequent action.

In cases where abuse is found, but the children are not in danger, CYFD can take a sliding scale of actions including requiring home visits, or establishing a safety plan that outlines requirements and dictates temporary time-sharing and custody until the issues are resolved.  In particularly egregious cases, CYFD can initiate Abuse and Neglect Proceedings that have the potential to terminate parental rights.

 

ABUSE AND NEGLECT CASES IN CHILDREN’S COURT

 

The Abuse and Neglect process begins when CYFD files a Petition alleging abuse or neglect.  A custody hearing is held.  In cases where probable cause is found that the children have been abused or neglected, the court has jurisdiction to determine the custody of the child pending an “adjudicatory hearing.”

The adjudicatory hearing must begin within 60 days.  During this hearing the court determines whether the allegations of abuse/neglect presented in the initial Petition are supported by evidence.  In situations where the court finds either abuse or neglect, the court may make an immediate disposition of the case, or schedule a disposition hearing within 30 days from the adjudicatory hearing.

During the disposition stage, the court issues factual findings relevant to a custody determination, determines custody of the child, and establishes a treatment plan for the parties to follow.

CYFD may file a motion to terminate parental rights at any point during abuse or neglect proceedings.  Termination of parental rights may be based on abandonment, abuse, neglect, or presumptive abandonment. Nevertheless, in cases where a finding of abuse/neglect is found at the “adjudicatory hearing” discussed above, CYFD also has a legal duty to make reasonable efforts to assist parents with reunifying with the child.

 

CAN A PARENT WAIVE THEIR PARENTAL RIGHTS IN ALBUQUERQUE?

 

In relation to a parent’s rights and responsibilities, it is important to note that a parent can waive one’s rights – such as communication, time-sharing, and decision making abilities.  Usually this waiver occurs through non-action.  In other situations a parent waives their rights by granting the other parent sole legal custody over the child.  On the other hand, parents cannot waive parental responsibilities unless a third party is willing to step into the parent’s shoes through the adoption process.

Even in situations where one parent is willing to allow the other parent to waive their parental rights, New Mexico courts generally will not allow such a waiver – reasoning that a child’s interests are best served by being supported by two parents.

 

(505) SANCHEZ IS HERE TO ANSWER ALL OF YOUR QUESTIONS ABOUT PATERNAL RIGHTS AND RESPONSIBILITIES IN ALBUQUERQUE, NEW MEXICO

 

Do you still have questions about parental rights and responsibilities in Albuquerque, New Mexico?  Understanding parental rights and responsibilities in Albuquerque parental rights often requires the experienced hand and knowledge that comes from years of courtroom practice.  Matthew Legan Sanchez is an experienced parental rights attorney in New Mexico.  Sanchez can be reached by calling (505) SANCHEZ.