Child Custody

Albuquerque Child Custody Lawyer

Guiding Families of Albuquerque Through the New Mexico Child Custody Process Since 1996

Enlisting the help of experienced Albuquerque child custody lawyers can help minimize the impact the divorce and custody arrangements have on your children. mother and daughter Divorce can be an unsettling experience for you and your family as everyone adjusts to a new lifestyle. As a result of the divorce, your children can feel a great deal of anxiety as their relationship with their parents is on the verge of changing. With so many options available in child custody matters, our attorneys fight aggressively to ensure that the outcome is suited to your child's best interests - we can even help grandparents that are seeking custody rights.

Our firm at Sandia Family Law has over 20 years of legal experience helping many clients find favorable child custody agreements through mediation and through the Albuquerque court.

Are you concerned about your child's well-being after divorce? Contact the compassionate and experienced child custody lawyers in Albuquerque at Sandia Family Law today. Give us a call at (505) 544-5126.

What are the Types of Child Custody in New Mexico?

New Mexico shares commonalities with many other states in deciding legal and physical custody.

Parents can be awarded joint or sole custody, depending on the factors.

For example, when one parent has sole custody, the other parent may be awarded visitation rights, which can allow for the parent and child's relationship to grow and continue developing.

There are 4 forms of legal and physical custody:

Joint legal custody means that you and your ex-spouse work together to make decisions regarding and potential major changes in your children’s lives.
Sole legal custody is awarded to one parent who is able to make changes in their children’s lives without consulting the other parent.
Joint physical custody is where the children spend time living at both parent’s residences. This form of custody does require cooperation from both parents.
Sole physical custody means the children primarily reside with one parent. While many parents want primary custody, the children’s best interest should be pursued.

How Courts Determine Child Custody in New Mexico?

In New Mexico, the primary concern in child custody cases is the child’s best interests. The Albuquerque child custody attorney at Sandia Family Law can guide you through the various factors the court will consider when making custody decisions.

The court evaluates the following key factors when determining custody arrangements:

The Child’s Relationship with Each Parent: Courts want to ensure that the child maintains a meaningful relationship with both parents. The court will assess the emotional bond between the child and each parent, as well as the parent’s ability to provide love, care, and stability.
The Child’s Wishes: As children grow older, their preferences regarding custody and living arrangements may be considered, especially if the child is mature enough to express an opinion. However, the court will still prioritize the child’s best interests over their personal wishes.
The Parent’s Ability to Provide for the Child: The court will consider each parent’s ability to provide for the child’s physical and emotional needs. This includes factors such as the parent’s financial stability, housing situation, and overall parenting ability.
Any History of Domestic Violence or Abuse: Any history of domestic violence, child abuse, or substance abuse by either parent will play a significant role in custody determinations. Courts seek to protect children from potential harm and may limit or deny custody to a parent who has engaged in abusive or harmful behavior.
Each Parent’s Involvement in the Child’s Life: The court evaluates how involved each parent has been in the child’s life up to this point. A parent who has been actively involved in the child’s upbringing—such as attending school events, doctors’ appointments, and extracurricular activities—may be viewed more favorably in custody decisions.
The Parent’s Willingness to Co-Parent: The ability and willingness of both parents to communicate and cooperate with one another is another important factor. Courts are more likely to award joint custody if both parents demonstrate a willingness to work together in the child’s best interests.
Stability of the Home Environment: The court will also evaluate the stability and consistency of each parent’s home environment. This includes the parent’s living situation, work schedule, and whether the child’s life will be disrupted by a move or change in routine.

The Albuquerque child custody lawyers at Sandia Family Law will help present a compelling case that addresses these factors, ensuring that the child’s well-being is protected while also advocating for the client’s rights.

When Can a Child Decide Which Parent to Live With in New Mexico?

A child can decide which parent to live with within New Mexico at 14 years old. After that, a judge considers the child's wishes more seriously and can pick which parent they would rather live by at that age.

How to Get Full Custody In New Mexico?

Custody arrangements can be decided inside or outside of court. If the decision has to go to court, it is beneficial to know that the New Mexico family courts believe in doing what is in the best interests of the child. Usually, this means time shared with each parent. If time with one parent is unhealthy or not beneficial for the child, due to some reason, this can result in one parent receiving full custody.

Reasons that a judge may order full custody to one parent include:

The inability of one parent to provide adequate care or supervision of the child
Physical or verbal abuse or neglect
Alcohol or drug abuse
Other circumstances that are deemed unsuitable for the child by the judge

If a custody plan has already been approved, one parent may still pursue full custody by means of applying for an order of modification. A parenting plan, or custody, modification may be approved by a judge if the parent can prove that a major change in circumstances has taken place. This change must greatly impact the child's welfare in the care of the other parent.

To arrange a legal consultation with one of our Albuquerque child custody lawyers, call (505) 544-5126 or contact us online today.

What are New Mexico's Child Relocation Laws?

Relocation requests in New Mexico are very difficult to obtain for a variety of reasons and, when granted, only with great hesitancy by the courts. The judiciary in NM, as aided by psychological experts, has determined that a child’s interests are best served when the two parents reside in close proximity to each other.

Proximity enables the child to spend time with each parent on a frequent and consistent basis and avoids making the child travel between great distances such as across state or international boundaries.

Additionally, the court’s inclination against relocations generally ensures the child remains with the same schools, churches, activities and family units that have always been in place for that child. On rare occasion, relocation requests are met with favor.

Circumstances in Which a Judge May Rule in Favor of Relocation

Easily granted relocation requests often include:

Military orders
A new and secure job
A new and secure spouse
Additionally, relocations are often granted when one parent is, to an extent, more uninvolved in the child’s life than another.

Steps to Take for Relocation

If you do wish to relocate, it's important to follow these steps:

Establish yourself as the primary parent
Plan well in advance and start establishing the second home and career in the desired relocation area
Keep your criminal record very clean
Ensure your reasons for relocating are extremely compelling

If these proper measures are put into place, it will go a long in establishing your case. Finally, relocation requests will never be granted without legal counsel, which is why it's imperative that you speak with an Albuquerque child custody lawyer!

What are the Visitation Rights in New Mexico?

When it comes to child custody, it's important to understand the rights and responsibilities of visitation for non-custodial parents. In New Mexico, visitation rights are determined based on the best interests of the child, and the court will consider factors such as the child's age, the relationship between the child and each parent, and the ability of each parent to provide a stable and nurturing environment.

Our experienced child custody lawyers at Sandia Family Law can help you navigate the complexities of visitation rights and ensure that you understand your rights as a parent. Whether you're seeking to establish a visitation schedule or modify an existing arrangement, we can provide the honest and aggressive legal representation you need to protect your relationship with your child.

Some key points to consider about visitation rights in New Mexico include:

The importance of maintaining a meaningful relationship between the child and the non-custodial parent
The flexibility of visitation schedules to accommodate the child's needs and the parents' work schedules
The potential for supervised visitation in cases involving concerns for the child's safety or well-being
The ability to seek modifications to visitation orders based on changes in circumstances

Honest & Aggressive Legal Representation for Your Custody Dispute in New Mexico

When your relationship with your children is hanging in the balance, you can turn the Albuquerque family law attorneys at Sandia Family Law. We are committed to working with our clients throughout every step of the custody process.

Our team can operate based on your best interest and the best interest of your children. At our law firm, we are focused strictly on family law and can bring our exclusive experience to your child custody case.

If you have any questions about child custody legal representation, contact our office in Albuquerque, NM at (505) 544-5126!

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