There are a handful of proactive ways to improve your divorce and custody case in Albuquerque New Mexico. To actively improve your case, avoid leaving your case’s outcome to chance or guesswork. Instead, take control over your case by understanding the important issues, legal process, and potential problem areas.
The following steps will strengthen your case and provide the highest chance for overall success.
TALK TO AN EXPERIENCED FAMILY LAW ATTORNEY IN ALBUQUERQUE, NEW MEXICO
Talk to an experienced family law attorney in Albuquerque, New Mexico ASAP. Often, parents wait until issues explode to speak with an attorney. Instead, speak with a lawyer before a separation or divorce. In doing so, an experienced family attorney can help to identify and correct issues before they become a problem.
An experienced family law attorney can explain how New Mexico divorce law applies to a relationship’s unique facts. Also, a seasoned attorney can point out roadblocks and issues that can stop a case from reaching its ultimate goal. Potential problem areas include:
- Not recognizing issues that can hurt one’s case;
- Establishing a weak visitation after separation;
- Denying substance abuse issues;
- Offensive or threatening communication;
- Acts of abuse that result in an Order of Protection; or
- Any habit or behavior that could negatively impact one’s case.
DEVELOP AN EFFECTIVE STRATEGY
It is essential to develop an effective strategy that leads towards a desired outcome. For instance, possibly a parent wants primary child custody. To achieve this goal, often a parent must take specific and immediate action. Additionally, it is necessary to identify and then avoid problem areas.
Fathers that desire to maximize parental visitation should take specific steps to increase the chance for maximum timesharing. For example, concerned fathers should focus on strengthening weak areas and dodging potholes that can derail a case’s momentum.
No strategy is a bad strategy. No strategy leaves a case’s outcome to chance or luck. Instead, take control over your case by speaking with an experienced attorney and developing an effective strategy.
TAKE CORRECTIVE ACTION – WAYS TO IMPROVE YOUR DIVORCE AND CUSTODY CASE IN NEW MEXICO
Denial is not an effective strategy in family court. Denying and pretending that an issue doesn’t matter is not a successful strategy. Talk to a seasoned divorce attorney, develop a strategy, and get moving.
GET SOBER
Although alcohol is legal, New Mexico judges are concerned by abusive levels of drinking. Most importantly, Peth tests can detect abusive levels of drinking. Divorce or separation is a time to get real about substance abuse issues, such as drugs or alcohol. Denying alcohol or drug abuse is not an effective strategy. Denial is ineffective because drug or alcohol abuse can be readily uncovered.
Instead of denying or hiding from an issue, confront drug or alcohol problems.
SEEK TREATMENT
It is essential to seek treatment for mental health or substance abuse issues. Participating in treatment such as AA or counseling demonstrates that you are being up front about the issue. Also, seeking treatment demonstrates a desire to be honest with yourself and the court. Active involvement in treatment reduces the blow of testing positive for drugs or alcohol.
In family court, honesty and active treatment are a better strategy than denial.
DEMONSTRATE STABILITY
New Mexico family courts believe that children thrive with safe, stable, and consistent homes. Based on this belief, focus on demonstrating stability in the following areas:
- Get involved with your children;
- Be consistent with parental visitation;
- Show up on time for visits and communication;
- Exercise all court ordered visits;
- Communicate peacefully and reasonably with your ex; and
- Avoid anything that could be considered an act of abuse.
SHOW COMMITMENT TO YOUR CASE — WAYS TO IMPROVE YOUR DIVORCE AND CUSTODY CASE
It is important to keep the momentum going after following the steps above. Show commitment by being consistent. Consistency is crucial because child custody and parental visitation are long-term issues. At any point, custody or visitation can be modified based on a major change in circumstances. Therefore, show that you are committed by taking the following steps.
SHOW THAT YOU CARE
Judges want to know that you care about your case. Show that you care in the following ways:
- Admit problems and seek treatment;
- Demonstrate stability;
- Be consistent; and
- Be reliable.
PROVE TRUTHFULNESS
It is easy to deny abusive levels of drinking. At times, a parent that has been accused of abusive drinking will confidently deny the claims. When this happens, the family court usually will order a Peth test to be completed within a few days.
A parent that tests positive after denying the allegations will be impacted in two important ways. First, the court will be concerned by the abusive levels. Most importantly, the court will be concerned with the parent’s ability to tell the truth. From that point forward, the judge may view the parent as dishonest and unreliable. Often, this perception is more damaging than the positive test result.
Understand, it is difficult to regain credibility that has been lost.
SHOW AN ABILITY TO FOLLOW COURT ORDERS
Judges are sensitive about court orders. Court orders are not suggestions – they are orders. Breaking a judge’s order leaves a bad taste in the judge’s mouth. Consequently, the judge’s view of a parent’s case tends to immediately sour. At times, this sour perspective lingers and can haunt a parent’s case moving forward.
PROVE THAT YOU ARE IN THIS FOR THE LONG HAUL
Long-term commitment is demonstrated by following the strategies discussed above. In family law, almost any order can be modified based on a major change. Because of this fact, it is vital to show long-term commitment. Failing to show long-term commitment can result in a short-lived custody or parental visitation order.
(505) SANCHEZ HELPS YOU UNDERSTAND WAYS TO IMPROVE YOUR DIVORCE AND CUSTODY CASE IN ALBUQUERQUE NEW MEXICO
For over a decade, Matthew Sanchez has handled divorce and custody cases in courthouses across Albuquerque New Mexico, including: Rio Rancho, Los Lunas, Belen, Gallup, Santa Fe, Estancia/Socorro. Speak with a battle-tested New Mexico divorce and child custody lawyer. Speak with (505) SANCHEZ.
