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How to File for a Child Custody Case

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If you and your spouse decide to get a divorce, it will be the court to decide where the child should live and how much time he or she should spend with the other parent. These are the things discussed during a child custody hearing. The court is tasked to decide the best interests of the child.

The judge will consider a lot of things before enforcing a child custody order. The wishes of the parents and the child himself must be considered if the child is at least 14 years old. The Court may consider the wishes of the child if they are under the age of 14.  Aside from that, other factors like the child’s relationship with his parents, siblings, and extended family members will also be considered, including the mental and physical heath of all the parties involved. The child’s capability to adjust to a new environment plays a big part as well.

If you want to ensure that your child lives with you after the divorce, it is strongly advised that you hire a competent child custody lawyer in Albuquerque, NM to represent you in court. The lawyer will help you request for a sole or joint custody of the child, depending on your wishes and the merits of the case. Advocates New Mexico has an experienced child custody lawyer in Albuquerque, NM to assist you.

Types of Child Custody in New Mexico

New Mexico permits joint custody of the children, which means both parents enjoy physical and legal custody of the child. Physical custody refers to the place where the child lives while legal custody pertains to who makes the educational, medical, and other life decisions for the child. Talk to your lawyer if this type of child custody will work for you best.

Joint custody is preferred if the child has close relationship with each parent and both can provide adequate care for him or her. However, the court will also have to look into other factors such as the distance between the parents’ homes, open line of communication between the parties, acceptance of parental responsibilities, and others.

Sole legal custody may also be awarded, which means one parent has full decision-making authority of the child, while the other parent simply enjoys visitation rights. This type of custody is rarely favored by the court, as it believes that joint custody provides for the best care for the child. But because every case is different, it is possible to request this type of custody. One example is if there the parent has a history of domestic violence or abuse against any family member. Facts like these should be duly presented and proven in court if you want to have sole custody of your children.

When it comes to matters regarding children, it is very hard to compromise. You have to be sure of all the legal steps that you’ll make. Consult with an experienced child custody attorney in Albuquerque, NM to give you sound legal advice on what you should do. Child custody is a matter that is best handled by the experts.

2018-04-24T01:07:05+00:00 Child Custody Lawyers|