Albuquerque Child Custody Lawyer

Physical Custody vs. Legal Custody

There are two types of custody in New Mexico: physical custody and legal custody. Physical custody refers to which days the child is in each parent’s home and care.  Legal custody refers to decision-making power over major aspects of the children’s lives, such as residence, religion, education, medical care, and major recreational activities. Legal custody does not determine how much time is spent with each parent.

Sole Custody vs. Joint Custody

Custody arrangements may be considered “sole” or “joint.” Sole custody means that only one parent is granted physical and legal custody of the child. Note that in some situations, even if one parent has sole custody, the other parent may still have visitation, often in a supervised setting.  Joint custody, on the other hand, means that each parent has the right and responsibility to participate in making decisions about key areas of the child’s life, and there is a visitation schedule in place. 
 

It is most common for New Mexico parents to receive joint legal custody with a specific schedule of when the child is in each parent’s physical custody on a regular basis and shared holidays.

Parents with joint custody may participate in decisions involving a child’s:

• Residence. If the child lives in New Mexico, then neither parent can move the child out of state or generally more than 50 miles from the current town without the written consent of the other parent or a court order approving the relocation.
• Religion. The religious practices the child followed (or did not follow) at the time of the divorce remains the same, meaning one parent cannot unilaterally change the religious practices of the child even if that parent changes his/her own beliefs or practices.
• Education / Day Care: If possible, the child should remain in the same school system, post-divorce. This includes private schooling if the parents can still afford this option. If the child is in public school or homeschool, the child should still receive their education in that environment. A young child should also remain in the same daycare or with the same after-school caregiver as before the divorce when possible.
• Non-Emergency Medical Treatment: Both parents have the right to attend non-emergency doctor or dental appointments with the child and have the right to speak with the medical providers. The child should continue to go the same medical providers post-divorce as long as they are covered by the child’s insurance plan.

Child Custody Lawyers Defending Your Visitation Rights in Albuquerque, New Mexico

The correct legal term for when the child spends time with each parent is called “periods of responsibility.” Most people still use the term “visitation” or “timesharing”. This is the area of greatest disagreement between some parents who are divorcing or breaking up.

With that said, divorce or legal separation is a major upheaval for the entire family and the child will have to make some adjustments. There is no “default” or “standard” visitation schedule, even though it was common in previous times for the children to spend the majority of their time with the mother and every other weekend with the father, plus sharing holidays.

What Does "Best Interests of the Child" Mean and How Does it Affect Custody Decisions?

The time-sharing schedule of a child largely depends on who the primary caretaker of the child was before the divorce or legal separation. The judge focuses on the "best interests of the child."

The factors evaluated might include:

• The child's age
• The child's education, health care, extracurricular, or religious upbringing
• Each parent's capability to provide financially for the child's needs
• The child's relationship to each parent individually
• The child's relationship with siblings or other family members
• If there is evidence of drug or alcohol abuse from the parent
• If the parent has been violent in the past
• The child's personal preferences if he or she is old enough

Very young children usually cannot handle well spending significant time away from the parent with whom they are primarily bonded. This does not mean the child does not love both parents; it means the child depends on one parent to meet most of his or her daily needs.

Creating a Parenting Plan That Works for Your Family

When it comes to child custody, it's important to create a parenting plan that prioritizes the well-being and best interests of your children. Our experienced Albuquerque child custody attorneys at NM Divorce & Custody Law, LLC understand the complexities of family dynamics and can help you navigate the legal process to develop a parenting plan that works for your unique situation.

Key elements of a successful parenting plan may include:

• Parenting time schedules
• Decision-making authority for important issues regarding your children
• Communication guidelines for co-parenting
• Provisions for holidays, vacations, and special occasions
• Methods for resolving disputes or conflicts

Our team is dedicated to advocating for the best interests of your children and finding solutions that promote a healthy co-parenting relationship. Contact our Albuquerque visitation attorneys today to discuss your child custody concerns and start building a parenting plan that works for your family.

How Our Santa Fe County Child Custody Lawyers Can Help

Legal custody refers to the right and responsibility to make major decisions about a child's upbringing, including decisions about education, healthcare, and religious upbringing. In New Mexico, legal custody can be awarded solely to one parent (sole legal custody) or shared between both parents (joint legal custody).

It's important to understand the different types of legal custody and how they may impact your rights and responsibilities as a parent. Our experienced Santa Fe County child custody attorneys can provide guidance and representation to help you navigate the legal custody process and advocate for the best interests of your children.

Key points about legal custody we can help with:

• Sole legal custody gives one parent the exclusive right to make major decisions for the child.
• Joint legal custody requires both parents to cooperate and make decisions together for the child.
• The court considers the child's best interests when determining legal custody arrangements.
• We can help you understand your legal rights and options for pursuing the best custody arrangement for your family.

We will work towards mediation and try to achieve the most positive outcome possible for your children. 
Contact us today or give us a call to request a consultation with our child custody lawyers in Albuquerque, NM.