Procedure Of Moving a Child Away From Albuquerque, New Mexico

 

 

Are you interesting in Procedure of moving a child away from Albuquerque, New Mexico?  Although an individual has a constitutional right to travel and relocate as they wish, a parent does not share a similar right to pack-up and relocate with their child to another state.

 

WHEN IS A PARENT ALLOWED TO MOVE TO ANOTHER STATE WITH THEIR CHILD IN ALBUQUERQUE, NEW MEXICO?

 

The question of moving to another state with a child involves two common scenarios. In the first scenario there is an existing parenting plan or court ordered child custody and parents timesharing arrangement that outlines the time that the child spends with each parent. In the second scenario, the parents are following their own parents timesharing arrangement without a formal court order.

When there is a court order establishing the child custody and timesharing arrangement a parent must first file a Motion to Modify the Parenting Plan, asking the court for permission to relocate to another state with the child.

When the parents do not have a formal court order in place involving child custody and parents timesharing, the parent that is not moving has the ability to file a Motion with the court and request a Temporary Domestic Order that will prevent the other parent from moving the child from Albuquerque, New Mexico without the court’s permission.

In both scenarios the court’s ultimate decision will be based on the universal rule that the best interests of the child are more important than anything else. The court will permit the child to move away from New Mexico if it believes that the best interests of the child are served by moving to another state with one parent.

 

SOLE LEGAL CUSTODY AND MOVING A CHILD AWAY FROM NEW MEXICO

 

In situations where one parent has sole custody over the child, the court will likely hold that it is in the best interests of the child to remain with the custodial parent. This is known as the “Newhouse presumption,” which holds that a sole custodian seeking to relocate with a child is entitled to a presumption that remaining with that parent is in the best interests of the child. See Newhouse, 108 N.M. at 322-23, 772 P.2d at 356-57.

In most situations, however, both parents share joint custody over the child because New Mexico law presumes that it is in the best interests of the child for the parents to share joint custody, with the ability to make decisions on behalf of the child. In these situations both parents share an equal burden to demonstrate that the best interests of the child are served by either staying in New Mexico with one parent, or moving to another state with the relocating parent. See Jaramillo, 113 NM 57, 823 P.2d 299.

It is important to note that “Joint custody” does not mean a 50-50 timesharing arrangement, or equal division of financial responsibility for the child. Joint custody simply means that both parents have the right to decide on factors that affect the child’s well-being such as the child’s residence, medical & dental, education, religion, and so forth. Moreover, simply because one parent has “primary physical custody” (i.e. more time with the child than the other parent) does not entitle that parent to the “Newhouse presumption.”

The court’s ultimate decision will be heavily influenced by factors such as the parent’s reason for leaving New Mexico, the child’s degree of bonding with each parent, and the child’s ties with New Mexico. The court will also look at factors that affect the child such as: (1) family bonds, (2) friends, (3) siblings, (4) adjustment to school and community, (5) sports, (6) extracurricular activities, (7) how long the child has lived in the community, (8) stability of the proposed living arrangement for the child, (9) history of abuse by a parent, and (10) both parent’s mental health.

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 situations where court clinic is not available, the court will generally appoint a Guardian Ad Litem to conduct an investigation and make recommendations.

 

(505) SANCHEZ HELPS PARENTS UNDERSTAND THE LAWS ABOUT MOVING A CHILD AWAY FROM NEW MEXICO

 

Are you dealing with child custody and relocation issues in New Mexico?  Child relocation in New Mexico is often a complex issue.   Matthew Legan Sanchez is an experienced attorney that handles child relocation in New Mexico cases.   Sanchez can be reached by calling (505) SANCHEZ.