Parenting Plan Mistakes in Albuquerque NM 1
A New Mexico parenting plan is essentially a contract that clearly outlines each parent’s rights and responsibilities such as custody, time-sharing, and child support.
Parenting plans are necessary in each child custody case, or to finalize any New Mexico divorce. A parenting plan’s ultimate goal should be to create a clearly outlined road map of each parents’ rights and responsibilities that mirrors the child’s best interests.
Parenting plans are like books. Some books are exceptional. Other books are – well – a mess.
Here are common parenting plan mistakes that can cause a child custody mess.
Every New Mexico parenting plan should contain “status quo providers,” such as:
Status quo information is so important that New Mexico family court judges are increasingly rejecting parenting plans and child custody agreements that lack this essential information.
Failing to provide status quo information is a recipe for disaster that can lead to avoidable disagreements, confrontation, and litigation.
Avoid stress and litigation by including the current status quo information in your New Mexico parenting plan or child custody order. This status quo information clearly outlines the child’s status quo, in the event that a co-parent makes a major change without the necessary permission or court approval.
NM child relocation cases are often filled with high emotion, stress, and expense. Every parenting plan needs a child custody provision clearly stating that neither party shall remove the child from the State of New Mexico, except for routine vacations, without the written approval of the other party.
This relocation language draws a clear line in the sand that it is not acceptable to remove the child from New Mexico without a parent’s clear written consent.
December may be the most wonderful time of the year – but each December Albuquerque, NM family courts are flooded with holiday parental visitation issues. Holiday parental visitation issues usually are caused by underdeveloped parenting plans that do not include a parenting time holiday schedule.
For some families, Christmas Eve is more important than Christmas day. With other families, Christmas morning is the defining moment of the season. All families are different. One common issue with Christmas is that a simple parenting plan in New Mexico that lacks a standard holiday parental visitation schedule can lead to Grinch-like feelings and problems.
Local time-sharing schedules usually include clearly defined time-sharing for Christmas and Christmas Eve. For instance, one parent may have Christmas Eve to Christmas morning, with the other parent having Christmas day. This schedule can alternate each year.
Parents with long distance time-sharing schedules usually split winter break in half, with one parent having the first half.
A New Mexico parenting plan can contain any holiday time-sharing agreement. A clearly defined Christmas time-sharing schedule will avoid unnecessary interaction and disagreements. Ensure that your parenting plan has a holiday time-sharing schedule that is clear, easy to understand, and outlines each parent’s time with the child.
Spring break is usually separated into two halves. One parent has the first half of spring break, with the other parent having the second half. This schedule can alternate each year.
Possibly one parent has spring break for odd years, and the other parent for even years. Potentially one parent has spring break each year – with the other parent having winter break. There is no set rule for how spring break, or any holiday for that matter, will be divided by the parties.
The key is to have a clear spring break parental visitation agreements that promote co-parenting.
With summer parental visitation, out of state, non-primary parents generally receive two weeks of uninterrupted time. The parenting plan usually has a two week notice requirement. The parenting plan should also include an itinerary requirement, to avoid disputes.
Other important holidays that should include specific time-sharing include:
New Mexico family courts heavily frown on children calling the shots regarding time-sharing. Accordingly, parenting plans should not leave time-sharing up to the child – especially when the child is under 16 years of age.
Avoid vague statements such as, “The parents will decide the appropriate time-sharing.” Parenting plans should have clearly defined time-sharing schedules, such as: “The child will be with Mother from Monday at 5:00 PM to Thursday at 9:00 AM.”
The parenting plan should clearly outline the exchange location, including:
Every Albuquerque New mexico parenting plan and child custody agreement should have clearly outlined times, and exchange locations. Failing to clearly outline each parents’ time is inviting unnecessary interaction, stress, conflict, and the potential for litigation.
At times one parent is continually late for court ordered exchanges. A parent’s continual tardiness may be a sign of deeper issues such as an unstable home or erratic lifestyle. By itself, a parent’s constant lateness is likely not a big enough change in circumstances for the court to modify time-sharing.
A parent is violating a court order when cancelling a court ordered parental visitation without notice. In these situations, at a minimum, the offending parent should offer “make up time.” When make-up time is not offered, the court may find that the offending parent has acted in bad faith, potentially sanctioning the parent.
Examples of undermining another parent’s authority include:
Undermining another parent’s authority is a mild form of parental alienation. When this behavior is not cut off at the stem, it may blossom into full blown parental alienation. For this reason, the best practice during custody cases in Albuquerque is to avoid discussing the other parent.
Unsafe behavior includes:
Any issue that affects a child’s safety or welfare could result in CYFD becoming involved through a report for abuse or neglect. Unsafe behavior that places a child in an immediate threat of danger could also result in an order of protection being entered against one parent, with a finding of abuse.
Behavior that leads to CYFD substantiating a claim for abuse or neglect will likely lead to one’s current time-sharing being modified, based on a major change in circumstances. Likewise, an order of protection being entered, with a finding of abuse, will likely be found to be a major change in circumstance that leads to time-sharing being modified.
Not returning a child at the court ordered time is a clear violation. This violation should result in make-up time. Depending on the particular facts, this violation could also lead to a motion to enforce being filed, with the court sanctioning the offending parent.
A Albuquerque, New Mexico parenting plan should clearly outline:
The Plan should include clear time-sharing and an exchange location.
The plan should also include a holiday time-sharing schedule, and should address the issues discussed above.
Are you dealing with child custody problems in Albuquerque, New Mexico and want to avoid parenting plan mistakes? Effective joint custody schedules require avoiding common parenting plan mistakes. Matthew Legan Sanchez is an experienced child custody lawyer in Albuquerque, New Mexico. Sanchez can be reached by calling (505) SANCHEZ.
Parenting plan guidelines and mistakes in Albuquerque
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