FAQ

Relocation and Move-Away Divorce Cases in Albuquerque, NM

 

Moving from New Mexico to another state can be a hotly contested divorce issue. In Albuquerque, NM, relocation and move-away cases involve the relocation of one or both parents to another state.

Does one parent oppose the proposed child relocation?  If so, your assigned judge must approve the suggested relocation.

Ultimately, the court determines if the offered relocation/move-away best serves the child.  In doing so, many factors are weighed and considered.

Putting it differently, the court makes its decision on what is best for the child — not the parent.  Consequently, the assigned family court judge decides if the parent can move the child to another state.

 

RELOCATING WHILE GOING THROUGH A DIVORCE IN ALBUQUERQUE, NM

 

Relocation and move-away issues are often the most emotional child custody issues within a divorce.  You see, most divorce issues can be resolved through mediation and compromise.

For instance, parents within one city often can agree to custody or timesharing.  Conversely, relocation cases involve a yes or no answer – not a gray area.  Specifically, one parent may dig their heels into the sand and refuse to enable their child to relocation.

When this happens, mediation rarely can solve the yes or no – polarized issue.  Unlike other divorce issues, where the spouses can meet in the middle, relocation involves a yes or no answer.  Consequently, the issue may need to be decided in court.

For those going through a divorce in Albuquerque, NM, relocation – or a move-away case – can become A fiercely contested issue.

If one parent wants to move away with the children, then the court will consider the rights of both parents and the best interests of the child.  In doing so, the court is child-centered and considers the child’s best interests.

Are you facing a relocation and move-away divorce case?  If so, it is essential to speak with an experienced New Mexico family law attorney.  A seasoned relocation and child custody lawyer can guide you through the stressful and complex legal system.

Watch this video for more information on child relocation cases in Albuquerque, NM.

 

 

HOW TO HANDLE RELOCATION ISSUES DURING A NEW MEXICO DIVORCE 

 

Relocation and move-away cases during divorce proceedings in Albuquerque, NM can be emotionally draining.

Do you desire to move your child to another state, such as Texas, Colorado, or Arizona?  If so, you must either receive permission from the other parent, or from the court.

You cannot move your child from New Mexico unless the other parent or judge approves.  Moving without permission could result in the court forcing you to return the child to NM.  In doing so, your actions could have a long-term, negative impact on your child custody case in NM.

Therefore, parents should speak with an experienced child custody attorney before taking rash action.  As mentioned, there can be serious legal consequences for removing your child from New Mexico without parental or court approval.

In Albuquerque, NM, if a parent wishes to move away with their child after divorce, they should proceed cautiously. To do so legally, they must inform the other parent and gain their consent or get a court-ordered relocation by providing the court with persuasive reasons why relocating is in the child’s best interest.

You see, a Temporary Domestic Order (TDO) is entered when a divorce is filed.  This TDO is an enforceable court order.  Most importantly, this TDO prevents either parent from removing the child from New Mexico without written approval.

Are you a parent that wants to prevent your spouse from removing your child from New Mexico?  If so, a TDO is issued when a divorce is filed.  In turn, this TDO prevents your spouse from removing the child from New Mexico without written approval.

 

MOVING OUT OF STATE: HOW TO HANDLE CHILD CUSTODY CASES

 

Does your divorce or separation involve a child relocation/move-away issue?  If so, move-away divorce cases are complex, emotional, and multi-faceted.

Specifically, family court judges consider many factors when deciding relocation and move-away divorce cases in Albuquerque, NM.

Consequently, working through the legal challenges of a move-away divorce must be done carefully to ensure that any relocation decision best serves the minor child.

In other words, the court is child-centered and not parent-centered.  This means that the court is rules in the child’s best interests – not the parent that desires to relocate.

In the end, when parents cannot agree, your specific judge will decide if your child should be moved from New Mexico.

 

RELOCATION AND MOVE-AWAY ATTORNEY IN ALBUQUERQUE, NEW MEXICO

 

Sanchez is a top Albuquerque divorce and child custody attorney.

Sanchez that has the hard-fought experience needed to handle your divorce involve parental relocation/move away issues.

For over a decade, Sanchez has handled complex divorce and child custody issues across New Mexico.  Sanchez routinely handles divorce, child custody, and guardianship cases, in Rio Rancho, Los Lunas/Belen, Santa Fe, Socorro/Estancia, Gallup/Grants, or Taos Los Alamos.

 

Matthew Legan Sanchez

Share
Published by
Matthew Legan Sanchez

Recent Posts

Custody Made Clear: The Crucial Role of a Thoughtful Child Custody Agreement

  In family law, there is a pivotal agreement that plays an essential role in…

1 week ago

Protecting Your Privacy: Essential Tips for Navigating a Divorce in New Mexico

  Facing a divorce is undoubtedly a challenging time, especially when it comes to protecting…

3 weeks ago

Navigating Divorce Proceedings: Tips on Avoiding Common Divorce Mistakes in New Mexico

  Do you want to avoid common divorce mistakes in Albuquerque, New Mexico?  Going through…

4 weeks ago

How a Child Guardianship Attorney in Albuquerque, NM Makes a Difference

  In today's world, ensuring the protection and well-being of children is crucial. A child…

1 month ago

Empowering Yourself: Recognizing Abuse and Getting a Restraining Order

  Are you feeling trapped and powerless in an abusive or dangerous situation? If so,…

1 month ago

The Ins and Outs of Uncontested Divorce in Albuquerque, NM: What You Need to Know

  Are you considering an uncontested divorce in Albuquerque, New Mexico? Whether you're looking to…

2 months ago