A battle often occurs when trying to understand parental rights vs. child custody in Albuquerque, New Mexico. Although they are legally different and distinct – parental rights and child custody are often used interchangeably. The tendency to mix the two concepts often causes parents to mistakenly believe that they have inherent rights regarding their children.
Let’s uncover parental rights vs. child custody to better understand the legal rights that parents have in Albuquerque, New Mexico.
ESTABLISHING PATERNITY IN ALBUQUERQUE, NEW MEXICO
Paternity must be established before either parental rights, or child custody rights begin.
Paternity is usually established voluntarily. For unwed parents, the father-child relationship is commonly established when:
- A man signs an effective acknowledgement of paternity;
- New Mexico court establishes paternity; or
- A man adopts the child.
Paternity can also be established involuntarily. At times, a child’s mother will file a paternity lawsuit against a man believed to be the child’s father. Paternity lawsuits are usually filed to establish child support.
New Mexico Human Services Department (“HSD”) may require mothers to file a paternity lawsuit that requests child support from the father, to receive government assistance.
In court, the assigned judge will order a DNA test to be performed. The court will then establish child support if the test determines that the man is the child’s biological father.
This is typically how paternity is established either voluntarily or involuntarily in Albuquerque New Mexico.
WHY IS IT IMPORTANT TO ESTABLISH PATERNITY IN ALBUQUERQUE,NM?
The act of establishing paternity creates legal rights and responsibilities for everyone involved. A father establishing paternity:
- Has the right to say he is the child’s biological father;
- Enables the father to contest an adoption; and
- Requires the father to financially support the child.
Fathers do not have any legal rights or responsibilities until paternity is established. With that said, the act of establishing paternity only grants fathers the legal right to contest an adoption. Parental rights do not equal child custody rights.
CUSTODY PARENTAL RIGHTS IN NEW MEXICO
Custody parental rights must be established by a New Mexico court. Parental rights alone do not establish child custody and parental rights. Despite this fact, people often use parental rights and custody rights interchangeably.
Custody grants parents’ specific rights over their children. Custody comes in two forms physical and legal.
Physical child custody basically means the time that the child spends with each parent.
Legal custody means the right to make major decisions about your child’s education, religion, health, and extracurricular.
IS THERE A DIFFERENCE BETWEEN PARENTAL RIGHTS AND RIGHT TO TIME SHARING/PARENTAL VISITATION?
Yes. Physical custody establishes timesharing between parents. A parent that has not established custody rights does not have an inherent right to timesharing/visitation. Timesharing/parental visitation is always based on the child’s best interests – never the mother’s rights nor father’s rights.
At times New Mexico judges will award one parent sole legal custody. This means that the custodial parent has the right to make major decisions that impact the child. Often when one parent is awarded sole legal custody, the other parent is still granted some form of timesharing or visitation with the child. Often this visitation is supervised, either through a family member or through a neutral facility such as APN. A parent rarely will be denied all forms of visitation unless parental rights have been terminated.
WHAT’S THE DIFFERENCE BETWEEN LOSS OF CHILD CUSTODY AND TERMINATION OF PARENTAL RIGHTS?
LOSS OF CUSTODY
“Loss of custody” basically means one parent is granted sole legal custody over a child. Parental rights and child custody rights are legally distinct and distinguishable. Loss of custody does not terminate parental rights.
Losing custody may mean that you no longer have the right to make decisions on your child’s behalf.
Losing custody may also mean that you no longer have a right to timesharing or communication with your child. In some situations, one parent is granted sole legal custody, yet the other parent still has the court ordered right to visitation and/or communication.
Have you lost custody, or the other parent has been granted sole legal custody over your child? If your parental rights have not been terminated, you still have the following rights:
- The right to request parental visitation or communication;
- The right to request the court to change child custody by showing that a major change in circumstances has occurred that impacts the child’s welfare; and
- Inheritance rights still apply, unless canceled by a valid will.
It is important to note that you still have the responsibility of paying child support, even if you have lost custody rights.
TERMINATION OF PARENTAL RIGHTS
Unlike loss of custody, the parent-child relationship is completely cutoff when your parental rights are terminated. Termination of parental rights means:
- You no longer have a say in your child’s daily care or upbringing;
- You no longer have the right to request a change to custody;
- Inheritance rights are terminated; and
- You no longer can contact the child unless the adoptive parent approves.
Termination of parental rights also ends your parental responsibilities, including the requirement to pay child support.
Unlike child custody rights, termination of parental rights is permanent and cannot be changed later, based on a major change in circumstances.
HOW DOES A PARENT TERMINATE PARENTAL RIGHTS IN ALBUQUERQUE, NEW MEXICO?
A parent cannot voluntarily terminate, end, or “sign over” their parental rights unless an adoption takes place. Another parent must be willing to step into your parental shoes, through adoption, for your parental rights to be terminated voluntarily.
Involuntary termination of parental rights happens through an involuntary adoption, or an Abuse and Neglect case brought by Child Youth and Family Division (“CYFD“).
TALK TO AN EXPERIENCED CUSTODY LAWYER THAT UNDERSTANDS PARENTAL RIGHTS VS. CHILD CUSTODY IN ALBUQUERQUE, NEW MEXICO
Do you have questions about parental rights vs. child custody rights in Albuquerque, New Mexico? Matthew Legan Sanchez is a dedicated and trusted child custody lawyer that handles cases in Bernalillo, Sandoval, Santa Fe, or Valencia County in New Mexico. Talk with an experienced New Mexico child custody attorney that knows what they are talking about. Talk with (505) SANCHEZ today.
Parental rights for fathers in New Mexico
