New Mexico Custody FAQ
Our child custody lawyer in New Mexico answers frequently asked questions that we receive from new clients. We understand why there are so many questions, too, because there's a lot of misinformation about child custody. Plus, each state law varies significantly or subtly on child custody. We are here to dispel the misinformation, clarify misunderstandings, and provide the right information so you can make smart, informed decisions about your child and your unique situation.
If you still have questions or want more specific information about your child custody matter, contact Advanced Legal Resolutions today either by using our online form or calling us directly at 575-647-8802.
What is the most common child custody arrangement in New Mexico?
Child custody arrangements vary from family to family and state to state. There are several arrangements that are more popular than others, including legal custody, physical custody, sole custody, joint legal custody, and sole legal custody. Of these, joint legal custody is the most common custody arrangement. This is where both parents are involved in the decisions regarding how their child is raised.
If we were never married, do I still need a custody order in New Mexico?
The answer to this question depends on your end goal. If you are seeking to establish any rights to the child, including custody, visitation, or child support, paternity does need to be confirmed. Most states hold that when a child is born out of wedlock, the mother has sole custody unless a court has held otherwise in an order.
How is child custody determined in Las Cruces?
In most states and most situations, when the parents of a child are able to agree on a child custody arrangement, the court will issue an order that confirms the terms of the agreement. When the parties are unable to reach an agreement on their own, they may have to attend mediation or arbitration to see if that helps. When all else fails, the court will hear the matter and issue an order the parties must abide by. The court will consider testimony, the report of a court-appointed guardian that is looking out for the best interest of the child, and other evidence when deciding child custody. The best interest of the child is always the criteria the court uses in these decisions.
What's the difference between legal and physical custody?
When a parent has physical custody, they actually have the physical child placed with them. This is the parent that lives with the child and takes care of their everyday needs. One parent may have primary physical custody while the other has secondary physical custody.
A parent who has legal custody is the one allowed to make important decisions about the child, including decisions regarding the child's medical care, education, and religious upbringing. Joint legal custody may be awarded to both parents so that they both have input in making these important decisions for their child.
Does custody primarily go to one parent in New Mexico?
This is an incorrect assumption many people make. The answer is “no.” The truth is that courts often award other types of custody arrangements, such as joint physical custody, joint legal custody, or a combination of both. Some states do require a primary custodian, though, but that does not mean one parent gets full custody.
The courts always consider the evidence and the best interest of the child to be of paramount concern.
Do I need a child custody lawyer in Las Cruces?
It's really up to you if you want a child custody lawyer. As for needing one, that depends on what is meant by that. Child custody laws are nuanced yet stringent. Mistakes are not affordable because the custody of your child is at stake.
In many cases, parents mutually agree on child custody arrangements, and so that makes the matter easier. In some of those cases, though, a parent may have felt compelled to agree, and so having a family law attorney advise you on what's fair (or not) is beneficial. In contentious situations, a child custody lawyer is highly recommended. It takes skills, knowledge, and a lot of perseverance to make sure the child custody arrangement approved or ordered by the court is fair and just and reflects what you had anticipated.
Contact a Child Custody Lawyer in New Mexico Today
If you need help with a child custody case, contact Advanced Legal Resolutions. Our child custody attorney in New Mexico will advise you of your rights and guide you through the process. Contact us online or at 575-647-8802 to schedule a consultation.
New Mexico Child Custody FAQ
Our child custody lawyer in New Mexico answers frequently asked questions that we receive from new clients. We understand why there are so many questions, too, because there's a lot of misinformation about child custody. Plus, each state law varies significantly or subtly on child custody. We are here to dispel the misinformation, clarify misunderstandings, and provide the right information so you can make smart, informed decisions about your child and your unique situation.
If you still have questions or want more specific information about your child custody matter, contact Advanced Legal Resolutions today either by using our online form or calling us directly at 575-647-8802.
What are the Child Custody Laws in New Mexico?
Child custody laws in New Mexico are designed to protect the child's best interests while also considering both parents' rights. These laws address various aspects of child custody, including legal custody, physical custody, and factors that influence custody decisions:
Legal Custody: Legal custody pertains to the right to make significant decisions in a child's life, such as those related to education, healthcare, and religious upbringing. New Mexico courts may grant joint legal custody, where both parents share decision-making, or sole legal custody, where one parent holds decision-making authority.
Physical Custody: Physical custody refers to where the child primarily resides. Similar to legal custody, it can be shared jointly between parents or awarded solely to one parent, known as sole physical custody.
Best Interests of the Child: New Mexico uses a "best interests of the child" standard when determining custody arrangements. This means that courts consider various factors, including the child's age, health, the emotional well-being of both parents, the child's relationship with each parent, the ability of each parent to provide a stable environment, the child's adjustment to home, school, and community, and any history of domestic violence or child abuse.
Types of Custody Arrangements: Child custody arrangements in New Mexico can vary. They include joint legal custody, joint physical custody, sole legal custody, sole physical custody, and unique arrangements like bird's nest custody, where the child remains in one home while parents rotate living there.
Visitation Rights: Noncustodial parents usually have visitation rights in cases of sole physical custody. The court determines the specific visitation schedule, considering the child's best interests.
Modifications: Child custody arrangements may be modified when there is a significant change in circumstances. The court assesses whether any proposed changes are in the child's best interests.
These laws are in place to ensure that the child's well-being remains a top priority during custody disputes and decisions. When navigating these laws, working with a knowledgeable family attorney is crucial to protect your family's interests effectively.
More about Child Custody in NM
How is New Mexico child custody determined?
Child custody and visitation are determined case-by-case, with each state having specific guidelines. These matters, however, are always determined by considering the "best interests of the child" standard. In general, courts want both parents to build strong relationships with their children. Courts also recognize that both parents are financially responsible for the child. Child custody and visitation will reflect those beliefs as the basis of the determination.
More about Child Custody in NM
How is child custody determined in Las Cruces?
In most states and most situations, when the parents of a child are able to agree on a child custody arrangement, the court will issue an order that confirms the terms of the agreement. When the parties are unable to reach an agreement on their own, they may have to attend mediation or arbitration to see if that helps. When all else fails, the court will hear the matter and issue an order the parties must abide by. The court will consider testimony, the report of a court-appointed guardian that is looking out for the best interest of the child, and other evidence when deciding child custody. The best interest of the child is always the criteria the court uses in these decisions.
More about Child Custody in NM
What is the most common child custody arrangement in New Mexico?
Child custody arrangements vary from family to family and state to state. There are several arrangements that are more popular than others, including legal custody, physical custody, sole custody, joint legal custody, and sole legal custody. Of these, joint legal custody is the most common custody arrangement. This is where both parents are involved in the decisions regarding how their child is raised.
More about Child Custody in NM
What's the difference between legal and physical custody?
When a parent has physical custody, they actually have the physical child placed with them. This parent lives with the child and takes care of their everyday needs. One parent may have primary physical custody while the other has secondary physical custody.
A parent with legal custody is allowed to make important decisions about the child, including decisions regarding the child's medical care, education, and religious upbringing. Joint legal custody may be awarded to both parents so they have input in making these critical decisions for their child.
More about Child Custody in NM
Does custody primarily go to one parent in New Mexico?
This is an incorrect assumption many people make. The answer is “no.” The truth is that courts often award other types of custody arrangements, such as joint physical custody, joint legal custody, or a combination of both. Some states require a primary custodian, but that does not mean one parent gets full custody.
The courts always consider the evidence and the child's best interest to be of paramount concern.
More about Child Custody in NM
Do I still need a custody order in New Mexico if we were never married?
The answer to this question depends on your end goal. If you seek to establish any rights to the child, including custody, visitation, or child support, paternity needs to be confirmed. Most states hold that when a child is born out of wedlock, the mother has sole custody unless a court has held otherwise in an order.
More about Child Custody Orders in NM
What does mediation do in a New Mexico Child Custody dispute?
Mediation in a New Mexico child custody dispute is a voluntary process that helps parents resolve custody issues outside of court. A neutral mediator facilitates discussions between parents to reach a mutually acceptable parenting plan, promoting cooperation and minimizing the need for contentious legal battles.
More about Child Custody Mediation in NM
What is a Guardian Ad Litem in child custody cases?
A Guardian Ad Litem (GAL) in child custody cases is a court-appointed representative, often an attorney or trained professional, responsible for advocating for the child's best interests. They investigate the child's circumstances, gather information, and recommend custody arrangements and the child's well-being to the court.
More about Child Custody in NM
Do I need a child custody lawyer in Las Cruces?
It's really up to you if you want a child custody lawyer. As for needing one, that depends on what is meant by that. Child custody laws are nuanced yet stringent. Mistakes are not affordable because the custody of your child is at stake.
Parents often mutually agree on child custody arrangements, making the matter easier. In some cases, a parent may have felt compelled to agree, so having a family law attorney advise you on what's fair (or not) is beneficial. In contentious situations, a child custody lawyer is highly recommended. It takes skills, knowledge, and a lot of perseverance to ensure the court-approved child custody arrangement is fair and reflects what you had anticipated.
More about Child Custody Lawyers in Las Cruces
Will being accused of domestic violence affect my child custody rights?
Being accused of domestic violence in New Mexico can significantly impact your child custody rights. When such allegations arise, the court prioritizes the safety and well-being of the child. While accusations alone don't automatically result in losing custody rights, the court will carefully assess the situation. If it is determined that domestic violence threatens the child, it can lead to restrictions on visitation, supervised visitation, or even the loss of custody rights. It's crucial to consult with a family attorney to navigate these complex legal matters effectively and ensure your rights and your child's safety are protected.
More about Domestic Violence in NM
Contact a Child Custody Lawyer in New Mexico Today
If you need help with a child custody case, contact Advanced Legal Resolutions. Our child custody attorney in New Mexico will advise you of your rights and guide you through the process. Contact us online or at 575-647-8802 to schedule a consultation.