Las Cruces Child Custody Lawyer
Dependable Counsel For Parents in New Mexico
While there are many difficult situations that one encounters within the realm of
family law, some of the most challenging and sensitive circumstances involve child
custody. Material goods and monetary success come and go, but no matter
their age, children will always hold a special, enduring position of love
within the hearts of their parents. Both parents usually want what is
best for the child, but sometimes the differences between them can be
irreconcilable when it comes to determining exactly what is the best decision
for taking care of the children’s needs.
One of the aspects which can help resolve this constant source of conflict
and give you peace of mind is through establishing clear child custody
boundaries. If you are looking for a powerful child custody lawyer in
Las Cruces, you can trust
Advanced Legal Resolutions, LLC to give you the support you need.
Call us today at
(575) 209-5879 to get all the answers from our reliable child custody attorney.
How Is Custody Determined in New Mexico?
In contrast to merely sharing different periods of time, gaining custody
is the legal process where one or both parents are able to actually make
crucial decisions in the lives of their children, as opposed to merely
where the child is physically staying.
These decisions involve five primary areas, including the child’s
residence, manner of religion, place of education and place of day care,
and medical treatments for non-emergency care. Usually, the state of Mexico
desires that the child remains in the same religion and education system
or style as prior to the marriage. Both parents must stay within 50 miles
of their current town, and the child should continue having the same medical
providers as before, unless insurance costs increase.
Seeking the "Best Interests of the Child”
Here in the state of New Mexico, there is no cut-and-dry method of establishing
the amount of time a parent should be allotted to have with their child.
Instead, any schedules for time-sharing primarily get designated depending
on which person was involved in the primary care of the child prior to
the legal separation or the
divorce. Most importantly, the best interests of the child are placed as the highest priority.
Some of the factors which are involved in determining the child’s
best interests could include:
- Any appropriate opportunities for the child to continue in their current
health care provisions, educational system or style, or moral and religious
- The child’s age at the time of the custodial distribution
- Each parent’s ability to continually provide enough financial resources
so that the child’s needs are completely taken care of
- The relationship of the child to other siblings, grandparents, and additional
- The nature and quality of the parents’ individual relationships to
- Any background information of alcohol and drug over-usage from either parent
- Potential cases of violence or domestic abuse from each parent
- The child's choice, if they are old enough and mature enough to make a
decision (usually at the age of 14).
Get Sole or Joint Custody
While usually joint custody is the primary form of child custody in New
Mexico, there may be cases where it is safer for the child to remain with
one parent as the primary custodian. If you believe this is the case in
your situation, Advanced Legal Resolutions, LLC is ready to support you
with tailored, personalized advocacy.
What Age Can a Child Choose Which Parent To Live With in New Mexico?
New Mexico courts are legally required to consider the child's preferences
once he or she reaches the age of 14. Under New Mexico law (§ 40-4-9
B): “If the minor is fourteen years of age or older, the court shall
consider the desires of the minor as to with whom he wishes to live before
awarding custody of such minor.” The court typically won't make
a decision that contradicts the child’s wishes unless there is a
reasonable justification for doing so (i.e., living with that particular
parent would not be in the child's best interests).
Although it's not mandatory, a judge may decide to factor in a younger
child's wishes. This information is obtained in a private discussion with
the judge or with the judge and a licensed therapist, during which the
judge will attempt to understand the child’s reasoning behind his
or her preference. This discussion plays a role in the court’s decision,
but the court ultimately makes the decision based on what they believe
would be in the child’s best interests.
(575) 209-5879 or
contact us online so that our child custody attorney in Las Cruces can powerfully defend