Albuquerque Child Custody Lawyer 

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.

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.