A child custody battle is known as one of the most intense and exhausting legal matters you can face in a court of law. New Mexico courts aim to appeal to the best interests of the child and the resolution of a case revolves around that fact. To make sure that the end result is best for the child in question, the court will scrutinize all the involved parties thoroughly. That means that your abilities as a parent are going to be full evaluated and that includes how well you provide for your child’s emotional, educational, and financial wellbeing. A professional family law attorney will work with you to strengthen your chances in court and handle all the different aspects of a child custody battle.
The Basics of New Mexico Family Law Court
The amount of time spent caring for a child is legally determined by the court. The time-sharing arrangement is considered separately from child support, but it usually affects the amount paid by one party to the other. New Mexico law works towards the best interests of the child, unless they are above 14 years of age. If the child is past that age, the court largely defers to their desires instead.
The New Mexico court is allowed to have jurisdiction on a child custody case if the child is younger than 6 months old and born in New Mexico or over that age and has lived in New Mexico for at least 6 months. Factors for cases with children below the age of fourteen include:
- The physical and mental health of all parties involved
- The wishes of both the parents and the children
- The child’s adjustment to the environments surrounding both parents
- The relationship between all parties involved
The court will deny any plan or agreement that it deems to be counter to the best interests of the child. Contested custody will cause court mediation and possibly incur mandatory counseling as a penalty.
If both parents are unwed, that may lead to a parentage case, otherwise known as a paternity case. This means that in order to establish any plans for child support or a custody and visitation order, then the unmarried parents will need to establish paternity. In order to do so, you will need to file a petition to:
- Establish Parentage
- Determine Custody and Time-Sharing
- Assess Child Support
New Mexico courts often assume that joint custody where both parents make both routine and daily decisions for the child is best. The time the child spends with either parent is relatively equal. The judge will require a professional opinion in order to issue a direct 50/50 split. If you do not feel that joint custody is the correct choice, then you may say so and work towards a different arrangement with our legal help.
Relocating with Your Child
If you want to move your child to a new location, even within New Mexico, you may need permission from the other parent or the New Mexico court presiding over the case. For temporary relocations, such as for vacations or holidays, you may simply need to provide an itinerary or schedule. More permanent relocation like moving in or out of state can only be done without permission if you have sole legal custody of the child.
Legal Solutions of New Mexico Serve Clients in Albuquerque, New Mexico and Surrounding Areas
A child custody attorney provides the support you need to strengthen any custody case in a New Mexico Court. They will review your case and keep it organized, which is invaluable when the smallest mistake could have major repercussions on your case. The Legal Solutions of New Mexico attorneys are here for you and will fight for your rights as a parent today. Free consultation is available.
Call Legal Solutions of New Mexico today to discuss:
- Premarital Agreements
- Postmarital Agreements
- Property Division Agreements
- Paternity Actions
- Child Support
- Spousal Support
- Guardian ad Litem
- Kinship Guardianship