It is essential that if you or a loved one is facing a potential divorce or child custody dispute, that you got to a firm, such as mine, where we only handle cases involving divorce and family law. If you had a common cold it would be just fine for you to visit your general practitioner. However, god forbid somebody was suffering from a heart condition,
they certainly must go see a cardiologist. In a divorce situation or a child custody dispute, your children, your finances, your life is on the line here. and therefore it is essential not to go see a quot;Jack of all Tradesquot;, but adversely to come to a firm like mine, where we only focus on Divorce Law, Child Custody, Family Law, and we always keep ourselves appraised on
any changes on the law and how they may apply to our cases. So if you or a loved one is facing a potential divorce or child custody dispute, please do not ever hesitate to contact my office or visit us online. We are ready when you are ready.
What is the definition of custody in New Mexico
In New Mexico, child custody is actually determined in two areas: legal custody and physical custody. Legalcustody refers to the right and responsibility parents have to makedecisions for their children and who is allowed to make those decisions. Physicalcustody speaks to whether or not the child lives primarily with one parent orwith both parents, and how they share time with and responsibility for thechild. The determining factor regarding what form of legal custody andorphysical custody should be in place is the best interest of the child. What islegal custody? Legal custody is broken
down into joint legal custody and solelegal custody. It’s presumed in New Mexico the joint legal custody is in the bestinterest of the child or children of the marriage or relationship. Joint legalcustody means that in the areas of religion, education, extracurricularactivities, health care, and residence, that that child has a defined quot;status quoquot;. Ifone parent, or even the child in some cases, wants to make changes in one ofthose areas, the parents are to discuss this change and attempt to agree to thischange. No change is to be made until the parents have agreed upon it.
The goal really is that all major decisionsin this child’s life are made together by their parents and that there are not unilateraldecisions made by one parent or the other regarding the child. With solelegal custody, or even modified joint legal custody, decisions are made by oneparent 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 orgetting agreement of the other parent. This is generally fairly unusual in NewMexico. It typically occurs when one parent
is unavailable to make those dailydecisions with the other parent, or when there’s an extreme history of inability to makedecisions together, sometimes in cases of domestic violence. In modified sole legalor modified joint legal custody, a court may actually order or the parentsmay agree it’s best if they assign decisionmaking about certain areas toone parent of the other. For example if one parent is unable to be physicallypresent to assist in those daily decisions, the other parent may beresponsible 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 childresides in how they share time with each of their parents. In more traditionaltime sharing plans there’s typically a primarycare parent for the child whospends the majority of their time with the child. This may apply in cases with very youngchildren. In situations where a child shares time roughly equally with bothparents are often referred to as shared physical custody. At Little, GilmanTepper Batley, we view each
custody case as unique, because eachchild and each family situation are special. We’d be happy to meet with youto further discuss your custody matter.