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 quot;status quoquot;. 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. 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 shares time roughly equally with both parents are often referred to as shared physical custody. At Little, GilmanTepper Batley, we view each.
Custody case as unique, because each child and each family situation are special. We’d be happy to meet with you to further discuss your custody matter.
Lansing Divorce Attorney Discusses the Divorce Process in Michigan
I receive many inquiries asking what the requirements are to get a divorce in Michigan the good news is that Michigan is a no fault state this means that you’re not required to allege fault on behalf of your spouse in order to be granted a divorce in Michigan that being said fault may be considered in other aspects of your divorce such as property division child custody and spousal support even though you’re not required to state a.
Fault you are required to tell the court there has been a breakdown of your marriage and that your marriage can no longer be preserved once you have established that there has been a breakdown the next thing you should consider is where you should file for divorce in many cases you’re divorce can be legally filed in more than one county or even more than one state you should discuss with your attorney.
Both the benefits and the drawbacks of each potential County prior to initiating your complaint once your paperwork has been filed in the appropriate County there will be a mandatory minimum time period that you must wait before your divorce can be finalized the time period is sixty days and a divorce without minor children and six months in a divorce with minor children during this waiting period you in your attorney should take this opportunity to resolve all the.
Outstanding issues in your case these issues may include property division spousal support child custody parenting time and child support if you have additional questions regarding these issues please consult our tutorials on property division and spousal support ultimately a divorce can be extremely complex and difficult to navigate you should discuss all the relevant issues of your case with your attorney to ensure that your divorce is handled properly the first time.