What to Expect at Your First Family Court Hearing in Albuquerque, New Mexico?

 

APPEARING IN FAMILY COURT FOR THE FIRST TIME IN ALBUQUERQUE, NEW MEXICO

 

Today is game day. Today is the day that you have been anticipating. The day is circled in red on your calendar and a mental note has been bouncing through your head for days, if not weeks, if not months. Siri was even kind enough to wake you up this morning with a reminder about the important event that you have calendared for the day. It was the first time that Siri has ever been useful.

Today at 9:00 AM you are scheduled to have the first Motion Hearing in your family law case.

Last night you couldn’t sleep. The worst outcomes and possibilities danced through your head, as you tossed and turned all night. In your mind’s eye you pictured yourself walking into the courtroom, your left shoe squeaking and echoing across the room. The Judge regally sits at the front of the courtroom on an ivory tower the size of Mount Everest. The Judge slowly gazes up from the stack of papers on his desk with a look of annoyance written across his face, moans with disapproval, and then sends lightning bolts with his eyes at you and your singing shoes.

Finally your name is called and you inch your way towards the two tables, pausing in the middle and unsure which table to choose. “Is this a pop quiz” you think to yourself. The uncertainty causes you to trip over your feet with the swinging, wooden door slamming against the back of your ankle as you approach the table. The court reporter angrily looks in your direction, saying: “The Respondent sits on the right side – not the left side.”

“So sorry,” you reply.

You guiltily rise from the left seat, rub your sore ankle, and take a walk of shame towards the right seat, stumbling across the room with your head hanging low and a feeling in your stomach that suggests black clouds are forming overhead. The Hearing goes from bad to worse, and the minutes tick away like decades are being stashed in between every second. The merciless Judge asks you a never-ending series of rapid fire, impossible questions and you feel like you’re standing before the entire state of Albuquerque, New Mexico with marbles in your mouth and your zipper down.

The moment that the Hearing is over, you burst out of the courtroom like you are coming up for air after being submerged under water.

Suddenly your alarm goes off and you realize that apocalyptic vision of your first day in court was just a nightmare.

 

APPEARING BEFORE A FAMILY COURT JUDGE IN ALBUQUERQUE

 

One of the more stressful aspects of family law is the fact that most people involved with the legal system walk into the courthouse blind for their first Hearing. They have never been through a Motion Hearing, and therefore have no idea how to conceptualize how the process will unfold.

To a person inexperienced with the system, the first Hearing in a family law case can feel like the first day of high school. The person has never been through the process, has no idea what to expect, and at times envisions a worst case scenario that is created from bits and pieces of television, movies, books, horror stories or an imagination running wild.

In an ideal world, the parties can reach an agreement on virtually every issue that arises in the typical family law case. The majority of my past blogs have centered around common issues that pop up in family law cases – issues such as alimony, interim support, grandparent visitation, child support, timesharing, custody, distribution of community property and debt.

Each of these issues can be settled outside of court if the parties’ can reach a mutual agreement. More commonly, however, the parties’ are unable to reach an agreement – for any number of reasons – and instead prefer to present the issue to a Judge that will make a ruling based on what she believes is fair, equitable and based on New Mexico law.

 

HOW TO REQUEST A FAMILY LAW HEARING IN NEW MEXICO

 

The typical Hearing is initiated when either the Petitioner or Respondent files a Petition and/or Motion requesting the Judge to take a certain action – such as to enforce a prior court order, determine interim support, child support, modify child custody/parents time-sharing, or any legal issue stemming from the case at hand. Click here to read how to file a Motion and request a Hearing: How to File a Motion and Request a Hearing.

The court sets the date and time for the requested Hearing based on the presiding Judge’s availability, and then sends each party notice. The parties are ordered to appear in court 30 minutes before the Hearing, to “meet and confer” in an attempt to reach an agreement outside of court. Assuming that the parties reach an agreement during the “meet and confer,” the parties can then write out a “Stipulated Minute Order” which memorializes the parties’ agreement. The Judge then reviews the parties’ agreement, and assuming that the agreement is fair and equitable, the Judge will sign off on the agreement, eliminating the need for the parties’ to present the issue in open court.

 

WHAT TO EXPECT AT YOUR FIRST FAMILY COURT HEARING IN ALBUQUERQUE, NM

 

About 5-10 minutes before the Hearing is scheduled to begin, the court clerk will check with the parties to see if they have reached an agreement that resolves the issue. The Hearing will move forward as scheduled, when the parties’ are unable to reach a mutual agreement.

The Hearing begins with each party introducing themselves to the Judge. The Petitioner, who has the burden of proof, presents the basis for the Motion and the relief that is being requested, and has the responsibility of convincing the Judge that the requested action is warranted.

The presiding Judge is essentially a referee that hears the Petitioner’s request, the Respondent’s response and then makes a decision based on Albuquerque, NM law. The parties are free to leave the courthouse after an Order that memorializes the Judge’s decision has been completed, signed by the Judge, and then filed with the Court.

 

WHAT HAPPENS AT FIRST CUSTODY HEARING IN ALBUQUERQUE

 

You should expect the following at your first custody hearing:

• The assigned judge will see if paternity is being contested;
• If paternity is contested a DNA test will be ordered;
• If paternity is not contested, then Father will be adjudicated as the child’s father;
• Temporary child support will likely be set; and
• Temporary time-sharing will likely be set when parentage is established.

 

HOW LONG DOES A CUSTODY HEARING TAKE IN ALBUQUERQUE, NM? 

About thirty minutes to one hour.

 

TIPS FOR FAMILY COURT IN ALBUQUERQUE NEW MEXICO

 

Here are some tips for family court in Albuquerque, New Mexico:

• Show up prepared;
• Have any requested child support information;
• Be 30 minutes early;
• Be respectful;
• Don’t chew gum;
• Dress appropriately;
• Don’t cause a scene when waiting for your case;
• Don’t invite people that will be loud or annoying;
• Don’t make noise while waiting for your case;
• Be polite to staff — word gets around;
• Ditch the anger; and
• Treat staff how you would like to be treated.

 

 

(505) SANCHEZ IS HERE TO TALK TO YOU ABOUT WHAT TO EXPECT AT YOUR FIRST FAMILY COURT HEARING IN ALBUQUERQUE, NEW MEXICO

 

Still curious about what to expect at your first family court hearing in Albuquerque, New Mexico?  Custody cases often require the experienced hand and knowledge that comes with years of courtroom practice.  Matthew Legan Sanchez has the experience needed to guide you through what to expect at your first family court hearing in Albuquerque, New Mexico. For more than a decade, Sanchez has handled child custody all across the state, including: Rio Rancho, Santa Fe, Los Lunas/Belen, Gallup/Grants, Estancia/Socorro, and Taos. Sanchez can be reached by calling (505) SANCHEZ.