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Divorce Lawyers in Santa Clara Pueblo, NM 2018-05-19T10:52:24+00:00

Divorce Attorney in Santa Clara Pueblo, New Mexico!

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Ask anybody, what is the first step you should take if you are planning to file for divorce in Santa Clara Pueblo, New Mexico, a good number of them will recommend that you to hire an experienced divorce lawyer. In general, divorce law firms but those that specialize in family law. A family law lawyer is one that practices areas of law concerned with legal issues involving families and relationship topics, like divorce, domestic violence, child relocations, and other related legal matters. When hiring a divorce lawyer in Santa Clara Pueblo, New Mexico it doesn’t need to add to that complication. However, like all the things in life some thought and research is required. If you do your research and interview with prospective lawyers thoroughly, you can choose a lawyer who fits your requirements and can shepherd you through the process in an effective way. Due to the fact that family law covers a broad range of legal matters involving relations and children, it is best that you choose someone with experience in line we your needs and budget. Attorney Cyrus Joseph Wiseman P.A. at Advocates New Mexico is a New Mixico family law lawyer who has been at the forefront of a wide range a family court matters that range from divorce to domestic violence defense as well as child relocation, and other related legal cases.

Hiring an divorce law firm in Santa Clara Pueblo, New Mexico!

Everyone who has gone through a divorce will tell you that a divorce can be a stressful time in your life. Having the right support team on your side can make this experience more tolerable. Attorney Cyrus Joe Wiseman P.A. at Advocates New Mexico is a New Mexico family law lawyer in Santa Clara Pueblo who has considerable amount of experience in this topic. He has represented clients faced with a wide range of legal issues involving family relationships, like divorce, domestic violence, child support, and other related legal matters. As a prospect client you will be able to count on him and his team for support and guidance. Whether you are dealing with legal matters involving family relationships, like contested divorce or adoptions it is recommended that you hire a family law lawyer with an excellent track record because the outcome could have lifelong implications. This is something we understand at AdvocatesNewMexico.Com and this is why we would love to be your family lawyers of choice. For additional info on this and other subjects check out our blog.

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New Mexico Child Custody Law: Where Do Grandparents Fit In?

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In some child custody cases, third parties become involved as they too have worries about the welfare of a couple’s child or children. Many times, this third party is a grandparent or grandparents who feel that their grandchildren are better off under their care. New Mexico child custody law allows for the grandparents to plead their case as a third party to the children in question, though their case must be a compelling one. In most states and in cases where one or both parents are still alive, it is widely favored to award custody to a living parent. Sometimes, this doesn’t work out.

When Would Child Custody Law Award Custody to Grandparents?

Family relationships can be strained and tense, and there may come a time in a family’s life where grandparents feel that they could better facilitate the role of raising a child instead of the child’s own parents. This is not ideal, but grandparents do play an important role in the lives of their grandchildren and can prove themselves to be the better placement option for a child. New Mexico child custody law does grant them the right to petition for custody of a grandchild.

Grandparents may petition for custody of a grandchild if:

  • There is a history or suspicion of abuse within the parents’ home(s)
  • One or both parents are unable or unwilling to take custody of the child
  • Both parents are considered unfit for placing a child with
  • Drug or alcohol abuse takes place within the child’s home

Clearly, grandparents play an essential role as caregivers throughout the lives of their grandchildren regardless of their family’s unique circumstances. And when the situation calls for the involvement of a third party, they’re often willing to step up and fulfill the role as full-time guardian. If they have previously been caring for the child at their home, it increases the likelihood of them being awarded custody of the child.

If other family members have also petitioned for custody, each third party will be evaluated for their ability to care for their young relative. A grandparent’s age, health and financial circumstances will be looked into with great care. Additionally, the courts will consider which person the child wants to live with. This is especially true in the cases of older children who are more capable of making such an important decision for themselves.

The Grandparent Visitation Privileges Act

Visitation rights are another often essential part of the custody-granting process, and grandparents aren’t exempt from it either. Like one parent can try to withhold visitation with their child from the other parent, parents can similarly restrict or forbid the grandparent’s ability to visit with their grandchild. This can be challenging, especially since grandparents in New Mexico do not have any guaranteed rights to visitation with their grandchildren.

In cases where they feel that they are being unjustly separated from the child, grandparents may petition the courts under the Grandparent Visitation Privileges Act. This most commonly happens as a part of one of these three scenarios:

  • The parents are going through a divorce, are separating or are having paternity issues
  • When one or both of the child’s parents have died
  • When the grandchild has lived with the grandparent(s) for a period of six months or longer

In the event of a child living without the supervision of the parents, with their grandparents for a period of 90 days or longer, they may petition for guardianship under New Mexico child custody law. The Kinship-Guardianship Act makes this possible.

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