Family law attorneys in New Mexico handle a wide range of legal cases that involve the entire family dynamics. Most commonly, these cases involve divorce and child custody matters.
In New Mexico, a family law attorney represents individuals in legal matters involving marriage, children, and domestic relationships. New Mexico family law lawyers also handle court-ordered family obligations including divorce, custody, child support, restraining orders, guardianship, and visitation disputes.
Depending on a marriage’s unique facts, divorce cases can range from amicable and uncontested divorces to contentious and contested divorces.
Child custody cases often involve establishing paternity, custody, time-sharing, and child support. Additionally, child custody cases can include enforcing or modifying an existing court order for time-sharing or child support.
Finally, family law attorneys in New Mexico often handle restraining orders, kinship guardianship cases, and grandparent visitation matters.
The wide range of family law cases above often overlap and intersect. For instance, a divorce case can include child custody issues and restraining orders. In turn, the divorce, child custody, or restraining order case can open the door for guardianship or grandparent visitation.
So, it’s important to specifically address each unique matter that family law attorneys in New Mexico regularly handle.
WHAT DIVORCE CASES DOES A FAMILY LAW ATTORNEY HANDLE?
Family law attorneys handle both uncontested and contested divorce cases in New Mexico, depending on whether the parties agree to all required legal issues.
An uncontested divorce means that both sides completely agree on all issues needed to complete the divorce. These issues include how community assets and debts are divided, retirement account division, and alimony. When children are involved, the parties must also agree on custody, time-sharing and child support.
A contested divorce means that both sides cannot agree on any necessary issue to complete the divorce. Common contested issues include how community asserts and debts are split, retirement account division, and alimony. When children are involved, contested issues often include disagreements on child custody (joint custody vs. sole custody). Child-related issues also can include regular visitation, holiday visitation, child support, or who claims the child for tax purposes.
New Mexico family law attorneys handle divorce cases ranging from uncontested divorces to hostile divorces involving abuse and restraining orders.
Watch this video to better understand how to get divorced quickly with an uncontested divorce in New Mexico.
WHAT ARE THE COMMON CHILD CUSTODY ISSUES?
Custody, time-sharing, and child support are the most common child related issues that family law attorneys handle. In New Mexico, child custody cases either begin with unmarried or married parents.
With unmarried parents, a child custody case starts with filing a petition to establish paternity, custody, time-sharing, and child support. This case enables the court to enter an order (i.e., Parenting Plan) that controls child-related matters. On the easy side, the parties can amicably agree on the Parenting Plan’s terms. On the difficult side, the court must decide the Parenting Plan’s terms based on the best interests of the child.
In New Mexico, family courts always decide child custody issues based on the best interests of the child standard.
Watch this video to better understand how New Mexico family courts decide a child’s best interests.
DO FAMILY LAW ATTORNEYS HANDLE RESTRAINING ORDER OF PROTECTION CASES?
Yes, family law attorneys regularly handle restraining order of protection cases in New Mexico. You see, restraining order cases often include married couples and children.
When children are involved, a restraining order of protection being entered enables the “DV Court” to decide temporary custody and timesharing. In this respect, “temporary” means that the DV Court can enter a 6-month order that decides custody and time-sharing.
This 6-month, temporary order, then impacts the corresponding divorce or child custody case that is filed with the “DM Court.”
The DV Court and DM Court are independent yet companion courts that handle domestic violence issues within a divorce or parentage matter.
So, it’s essential to understand how the DV Court and DM Courts intersect and interact in New Mexico.
Watch this video to better understand how divorce, child custody, and restraining orders are related in New Mexico.
IS A KINSHIP GUARDIANSHIP CASE USUALLY HANDLED BY A FAMILY LAW ATTORNEY?
Yes, kinship guardianship cases are generally handled by family law lawyers in New Mexico. Like child custody matters discussed above, kinship guardianship cases are decided based on a child’s best interests.
Also, several factors must be present for an adult over 21 to request kinship guardianship. In New Mexico an adult can be granted guardianship only if:
- The parent of the child is living and has consented, in writing, to the appointment;
- All parental rights have been terminated or suspended;
- The child has lived with the proposed guardian without the parent for 90 days immediately before the petition is filed; and
- The parent having legal custody is either unwilling or unable to provide the adequate care, maintenance and supervision or there are extraordinary circumstances.
Ultimately, the court decides if guardianship is granted based on the best interests of the child.
So, family law attorneys usually handed guardianship cases because the matters involve family court and children. Therefore, an attorney familiar with family court’s procedures and laws can usually navigate guardianship cases more effectively.
SHOULD I TRUST A FAMILY LAW ATTORNEY WITH MY GRANDPARENT VISITATION CASE?
Yes, grandparent visitation cases are predominately handled by family lawyers in New Mexico. First, grandparent visitation cases involve children. Therefore, the court’s ultimate decision is guided by the best interests of the child. Nevertheless, the best interest of the child differs from child custody cases because grandparents have privileges, not rights. In other words, grandparents do not have a “right” to visitation.
Instead, a grandparent can only request grandparent visitation when one of the following conditions exists:
- One or both parents of the minor child(ren) are deceased; or
- The child lived with the grandparent for at least 3 months, when the child was less than 6 years old; or
- The child lived with the grandparent for at least 6 months, when the child was 6 years or older; or
- The child’s parents were involved in a divorce, legal separation, or paternity case.
So, there is considerable overlap between divorce, child custody, and grandparent visitation cases. Consequently, family law attorneys usually handle grandparent visitation cases in New Mexico.
HOW DO I CHOOSE THE RIGHT FAMILY LAW LAWYER IN NEW MEXICO?
Choosing the right family law attorney is a critical decision that can significantly impact the outcome of your case. When selecting an attorney in New Mexico, it is essential to consider their experience, expertise, and approach to handling family law matters. A skilled and compassionate attorney can provide invaluable support and guidance, helping you navigate the complexities of family law and achieve a favorable resolution.
Experience is a key factor to consider when choosing a family law attorney. Look for an attorney who has a proven track record of handling cases like yours. Also, ensure that the family lawyer is familiar with the local courts and legal procedures. An experienced attorney will have the knowledge and skills necessary to effectively represent your interests and advocate for your rights.
In addition to experience, it is important to consider the attorney’s approach to handling family law cases. Some attorneys may take a more aggressive, adversarial approach. Conversely, other lawyers may prioritize negotiation and mediation. Consider your own preferences and needs when selecting an attorney. In doing so, choose someone whose approach aligns with your goals and values. A good family law attorney should be able to adapt their strategy to suit the unique circumstances of your case.
Finally, it is essential to choose an attorney with whom you feel comfortable and confident. Family law matters are often deeply personal and emotionally charged, and having an attorney who is compassionate, understanding, and supportive can make a significant difference.
So, schedule consultations with potential attorneys to discuss your case. During your consultation, ask questions that uncover the potential lawyer’s experience, communication style and demeanor.
Call (505) SANCHEZ today.
