Child Custody Attorney in Albuquerque, New Mexico
When a couple decides to get a divorce or chooses not to live together anymore, the welfare of the child becomes the highest priority. The court would have to decide which parent gets child custody and which one should provide child support. The court will consider many factors to determine which parent could better provide for the needs of the child.
In New Mexico, if the children in question are under 14 years old, the court may consider the desires of the minor child. On the other hand, the Court must consider the desires of children that are 14 or older. Consult with a good child custody lawyer in Albuquerque NM to know more about how the child custody selection process works.
If the court has to decide for the kids, it considers the desires of the parents, their interaction with the children, how other family members treat and affect them, their capability to adjust to a new environment, and every interested party’s mental and physical health.
Advocates New Mexico has one of New Mexico’s experienced child custody lawyers who can help you with your case. His experience in family law is the result of many long hours of working on cases related to divorce, child support, alimony, and more.
New Mexico Child Custody Laws
In New Mexico, there are there are two types of child custody: legal custody and physical custody. Legal custody pertains to the parents’ ability to make decisions on behalf of the minor children. New Mexico generally grants parents joint legal custody. In rare occasions the court may grant one parent sole legal custody of the minor child. When the parties have joint legal custody, they are not allowed to make changes to the status quo of the minor children (changes to doctors, dentists or extracurricular activities) without the agreement of the other party. If a party is granted sole legal custody, they may make unilateral decisions to the status quo but they must keep the other parent informed regardless of their ability to make unilateral decisions.
Physical custody is often referred to as timesharing or visitation. Regardless of the legal custody issue of the parties, physical custody is determined by the best interests of the child and is often different and unique to each case. Even if the parties share joint legal custody, they may have a large disparity of visitation time depending on the best interests of the minor children.
Grandparents may also be given visitation privileges in certain circumstances, more particularly if they are the ones who raised the child. In an event that one parent seeks the custody of children who are living with grandparents and it was granted by the court, the grandparents may be given privileges to visit the children from time to time. It is important to understand that New Mexico considers these privileges and not rights. Grandparents do not have rights under the law in New Mexico with regard to their grandchildren.
Advocates New Mexico can help you file a child custody petition or modify one if in case you see certain flaws in the execution of a previous order. Consult with us and tell us more about the case so we can advise you on what legal steps to take. Together, let’s do whatever is best for the children.