We help clients determine the best way to reach a child custody agreement that is beneficial for the family. When our clients understand all of the options available, it increases the chances of them arranging a child custody agreement that best suits the needs of the children. If the child custody issues became contentious however, we are prepared to fight aggressively on our clients’ behalf.
A Successful Child Custody Agreement Starts With the Best Interests of The Child
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Legal Custody of Children
Legal custody of the children refers to which parent has the right to make major decisions in the lives of their children.
- New Mexico courts presume parents will share joint legal custody
- Both parents share decision-making responsibilities regarding:
- Education
- Healthcare
- Religious upbringing
- Other significant aspects of the child’s life
Joint custody arrangements require collaboration between parents. However, custody is determined case by case, and courts may award sole legal custody in certain situations.
Joint Legal Custody
“Legal custody” refers to the right to make important decisions about a child’s life. It does not affect physical time-sharing.
- Most parents with a shared parenting plan also share legal custody
- New Mexico courts prefer shared decision-making responsibilities
- Joint legal custody includes shared decisions about:
- Education
- Healthcare
- Religion
- Extracurricular or recreational activities
Joint custody requires ongoing cooperation. Sole legal custody of the child, though the exception to the rule, may be awarded to one parent in the following cases:
- Drug abuse
- Child abuse
- Criminal behavior
- Domestic violence
Physical Custody and Visitation
Physical custody is separate from legal custody. It refers to how much time the child spends with each parent.
- These time periods are known as “periods of responsibility”
- Schedules vary based on the age of the children and the family’s circumstances
- When one parent has the child most of the time, they are the “primary custodian” or “primary parent”
Factors to Consider When Determining Child Custody
Child custody is often one of the most hotly disputed issues in divorce cases in New Mexico. It’s best to be prepared for this eventuality. Emotions can obscure judgments and it often helps to have the insight of a child custody attorney to guide your actions.
Remember, New Mexico courts use the “best interests of the child” as standard. However, definitions vary and arguments can be made based upon many factors. Judgments are made on a case-by-case basis. The arrangements for one family may not work for you. It is impossible to generalize.
Typically, the judge will consider the following factors in child custody cases:
- The age and emotional well-being of the children
- Each parent’s relationship with the child
- The ability of the parents to communicate and cooperate
- History of abuse, neglect, or addiction
- The child’s preferences (if of appropriate age)
- Work schedules and the structure of each parent’s household
- The strength of extended family relationships
No two custody cases are the same. Judges in Albuquerque and Las Cruces make decisions on a case-by-case basis, and what works for one family may not work for another.
Developing a Parenting Plan in New Mexico
Once legal custody is determined in New Mexico, parents usually work out a time-sharing schedule.
- This schedule must reflect the child’s best interests
- The judge will review the plan to ensure it meets the court’s standards
- The same custody factors listed above are often applied when approving parenting plans
Your Child’s Best Interests Must Come First
Because divorces and relationships vary so considerably, there is no one set of rules that define a child’s best interests. What is considered best for the development of one child is not necessarily best for another. However, it is assumed that every child needs stability, security, love, and affection for a healthy upbringing and the best chance of positive development.
Anyone arranging custody matters in New Mexico is duty-bound to put these considerations before those of the parents.
Sometimes, this is easier said than done. Personal bias can enter the thoughts of either parent. It is important to find solutions that benefit all parties. That’s where the experience and mediation skills of a New Mexico child custody lawyer may assist.
Why Are Our Child Custody Lawyers Right for You?
If you’re facing a custody dispute in the Albuquerque or Las Cruces area, it’s important to work with a seasoned custody attorney who understands New Mexico law.
Our Albuquerque and Las Cruces child custody attorneys:
- Seek child-centered outcomes
- Aim to minimize conflict and preserve co-parenting relationships
- Are experienced in helping families avoid lengthy, damaging litigation
- Understand the emotional needs of children during family transitions
- Work with you to protect what matters most – your family
Speak with a custody lawyer at New Mexico Legal Group at 505.876.9175 during a free case evaluation.
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The Ultimate Guide to Child Custody
Managing child custody during a separation is often one of the most emotionally charged and difficult parts of the process. The Ultimate Guide to Child Custody equips you with straightforward, actionable information to help you make informed decisions, uphold your legal rights, and focus on what matters most—your child’s well-being. Whether you're beginning to explore your options or already navigating a custody dispute, this guide provides the clarity and support you need to move ahead with confidence.
Ultimate Guide to Child Custody eBook
Need Legal Assistance From a New Mexico Child Custody Attorney?
Call New Mexico Legal Group at 505.843.7303 or get started with a free case evaluation.
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Frequently Asked Questions
Can child custody cases be appealed or modified?
Child custody can be appealed in certain instances but more often clients are better suited asking to modify existing orders to suit the changing needs of a family. A parenting plan that is in the best interests of very young children (2 and 3) often needs to be revised as the children get older and circumstances change.
How long do child custody cases take?
The length of a child custody case depends on several different factors. The more parties can agree on the best interests of the children, the faster cases conclude. A contentious custody case tends to take longer as often parties must wait on expert reports and the court’s calendar to fit the case in.
What is the legal standard the court uses to make a custody award?
The courts in New Mexico assume joint custody is the “best interests of the child” standard in determining custody arrangements for divorcing parties.
Should I talk to my child about who she/he wants to live with?
Our firm believes that a child should never be put in the position of choosing one parent over the other. This can have lasting, negative effects on children. Instead, we believe that working with the parents, staying focused on the best interests of the children, and sometimes using third-party neutrals, is a far better way to resolve custody disputes.
What is a Parental Responsibilities Evaluator?
A parental responsibilities evaluation (PRE) is an evaluation conducted by an expert, which can involve psychological testing of the parties, third party collateral interviews, child-parent observations, interviews with the parties, and other techniques that allow the expert to make a custody recommendation to the court. These types of evaluations are not the norm, and are typically only used when the parties cannot make any real progress toward resolving their custody issues and there are significant issues at play, such as serious mental illness and/or substance abuse. A less invasive and less expensive alternative is using a Child and Family Investigator to examine the case and make a recommendation to the court.
What is a court-ordered custody agreement?
A court-ordered custody agreement is a legal document issued by a New Mexico family court that outlines custody and parenting arrangements for a child. This order establishes the legal and physical custody responsibilities of each parent, including timesharing schedules, decision-making authority, and other aspects like child support. Having a custody order is crucial to avoid conflicts or misunderstandings, as it provides legal protection and enforceability for both parents.
Why is it important to have custody orders?
Without formal custody orders, both parents have equal rights to the child, which can lead to conflicts or legal issues if one parent decides to withhold the child from the other. A custody order ensures that the rights and responsibilities of each parent are clearly defined and enforceable by the court. It also serves as a basis for resolving disputes regarding parenting time, education, and other significant matters.
Can a parent with sole physical custody make all decisions for the child?
Not necessarily. Sole physical custody relates to where the child lives and who is primarily responsible for their daily care. Legal custody determines decision-making authority. A parent with sole physical custody may still share joint legal custody with the other parent, requiring collaboration on major decisions like education, healthcare, and extracurricular activities.
What happens if one parent repeatedly violates court-ordered custody or parenting time?
If a parent consistently fails to adhere to court-ordered custody arrangements, the other parent can petition the court to enforce the order or request a modification. Violations, such as missed visitation or unapproved relocations, can result in changes to the custody agreement or penalties for the offending parent.
Under what circumstances can a parent request sole physical custody?
Sole physical custody may be requested and granted in situations where joint custody is deemed not in the child’s best interest. This includes cases involving:
- Domestic violence, abuse, or neglect.
- A parent's inability to meet the child’s daily needs.
- Significant issues like substance abuse or a criminal history.
Contact Us
Email: info@newmexicolegalgroup.com
Phone:
(505) 843-7303
Albuquerque Office
2701 Arizona Street NE
Albuquerque, NM 87110
(505) 843-7303
Las Cruces Office
300 S Water St.
Las Cruces, NM 88001
(575) 339-2100