Divorce Attorney in Tucumcari, New Mexico!

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Ask everyone, what is the first step you should take if you intend to file for divorce in Tucumcari, New Mexico, a good percentage will urge you to hire a competent divorce law firm. In general, divorce attorneys but those that are focused in family law. A family law attorney is one that practices areas of law involved with legal issues surrounding family relationship topics, like divorce, domestic violence defense, child custody, and other related legal matters. Hiring a divorce attorney in Tucumcari, New Mexico it does not have to be complicated. However, like all the things in life some thought and research is required. After you do your research and meet with prospective attorneys you can choose a law firm who best suits your requirements and can steer you through the process as smoothly as possible. Because family law involves a large range of legal topic involving relationships and children, it is best that you choose someone with experience in your type of case. Attorney Joe Wiseman P.A. at Advocates New Mexico is a New Mixico family law attorney who has been at the forefront of a diverse range a family law cases that range from contested or uncontested divorces to domestic violence as well as child relocation, and other related legal matters.

Hiring an experienced divorce law firm in Tucumcari, New Mexico!

The consensus is that getting divorce can be one of the toughest things you will ever be involved in. 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 Tucumcari who has quite a bit of experience in this topic. He has represented clients confronted with a broad range of legal issues involving family relationships, such as divorce, domestic violence, prenuptial agreements, and other related legal matters. As a client you will be able to depend on him and his team for support and guidance. When faced with legal matters involving family relationships, like divorce or child relocations it is recommended that you retain a family law lawyer with noticeable amount of experience since the outcome could have lifelong implications. That is something we are fully aware of at Advocates New Mexico and this is why we would love to be your family law firm of choice. For additional information on this and other subjects check out our blog.

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Relocating with Children: What You Need to Know

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The court protects the parents’ right to travel anywhere or live wherever they desire. But things could take a sudden turn if there are children involved. For divorced parents, relocating with children is an entirely different scenario. They can’t just take their children on trips outside the state or country without first seeking permission; much so if they plan to move away permanently.

The law is tasked to protect the best interests of the child, and it will always consider that when making decisions. Most divorced parents have an existing parenting plan filed with the court while some are following a court-ordered custody and timesharing agreement. If such a document is existent between you and your ex-spouse, then the parent who intends to move away has to file a Motion to Modify the Parenting Plan in order to move away with the children.

You have to tell the court the reasons why the move is going to be beneficial to the child. If the moving parent is awarded sole legal custody of the child, getting approved for child relocation requires the other parent to prove why it is not in the best interests of the child to relocate.  A good child custody lawyer in Albuquerque, NM is necessary to preserve your rights.

Relocating with Children if No Formal Order is in Place

It is a different story if you are relocating with children and there is no formal court order involving the custody and timesharing of the kids. For these cases, the parent who does not live with the children should immediately file a temporary restraining order to prevent the other party to move away from New Mexico without permission from the court. Simply because there is no child custody order existing, the parent who has physical custody is not infringing any contract as the kids move.  They will however not gain favor with the Court for removing the child from the other parent and child custody jurisdiction may be retained by a New Mexico Court.

Parents who share joint custody are given equal burden to show whether or not moving the child away is for his best interest. They have to prove to the court why the child is better off leaving New Mexico and why he should be made to stay. To best tell the court of your reasons, you must hire a skilled child custody attorney in Albuquerque, NM to represent you.

At the end of the day, the court will be the one to decide for the child. After both parties rest their case, the court will consider different factors when making a decision, such as family bonds, siblings, friends, school, sports, extra-curricular activities, community, the child’s living arrangement, history of abuse of the parent, and the parent’s mental health. The court may also ask the parents to undergo mediation to see if they can work out the issue by themselves.

Relocating with children can be a very complicated issue. At times, it can be highly frustrating too. To save yourself of the trouble and to ensure that your rights over your child are duly protected, consult with a reputable family law firm in Albuquerque, NM. Advocates New Mexico is more than capable of helping you with your family law cases.

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