In New Mexico, child custody is actually determined in two areas legal custody and physical custody. Legal custody refers to the right and responsibility parents have to make decisions for their children and who is allowed to make those decisions. Physical custody speaks to whether or not the child lives primarily with one parent or with both parents, and how they share time with and responsibility for the child. The determining factor regarding what form of legal custody andor physical custody should be in place is the best interest of the child. What is legal custody Legal custody is broken.
Down into joint legal custody and sole legal custody. It’s presumed in New Mexico the joint legal custody is in the best interest of the child or children of the marriage or relationship. Joint legal custody means that in the areas of religion, education, extracurricular activities, health care, and residence, that that child has a defined status quo. If one parent, or even the child in some cases, wants to make changes in one of those areas, the parents are to discuss this change and attempt to agree to this change. No change is to be made until.
The parents have agreed upon it. The goal really is that all major decisions in this child’s life are made together by their parents and that there are not unilateral decisions made by one parent or the other regarding the child. With sole legal custody, or even modified joint legal custody, decisions are made by one parent or even divided between the parents. For example, in true sole legal custody, one parent would be allowed make decisions as to religion, education, extracurricular activities, health care, and residence without consulting with or getting agreement of the other parent.
What is the definition of custody in New Mexico
This is generally fairly unusual in New Mexico. It typically occurs when one parent is unavailable to make those daily decisions with the other parent, or when there’s an extreme history of inability to make decisions together, sometimes in cases of domestic violence. In modified sole legal or modified joint legal custody, a court may actually order or the parents may agree it’s best if they assign decisionmaking about certain areas to one parent of the other. For example if one parent is unable to be physically present to assist in those daily.
Decisions, the other parent may be responsible for making decisions about such things as health care, education, and extracurricular activities however, they may still need to make joint decisions about residence and religion. What is physical custody Physical custody generally means where that child resides in how they share time with each of their parents. In more traditional time sharing plans there’s typically a primarycare parent for the child who spends the majority of their time with the child. This may apply in cases with very young children. In situations where a child.