There are many questions people have when they are facing problems within their family. Based on our experience helping New Mexico residents with a range of family law issues, there are certain questions that regularly come up. Sometimes they are seeking basic information in order to decide the best course of action or they want to know what will happen if they attempt to solve a problem with the assistance of an attorney. Since the situation within every family is unique, we advise seeking additional information from one of our experienced family law attorneys.
How Is Child Custody Determined?
In New Mexico, it is believed that the best interests of the parents and child are served if there is joint custody. Parents have the option of reaching a mutual agreement regarding child custody independent of the court. If the parents are having difficulty coming to an agreement, then participating in mediation is another way to reach a resolution.
How Is Child Support Determined
In New Mexico, parents have the option of reaching a child support agreement on their own or to have it decided by the court. Ideally, child support obligations of each parent are fairly based on their financial circumstances and adequately cover all of the child’s needs. New Mexico has its own set of guidelines when calculating child support. You can use this CHILD SUPPORT CALCULATOR when estimating your potential payments.
Will Being Accused of Domestic Violence Affect My Child Custody Rights?
If a criminal or family law court determines that you have committed acts of domestic violence, it will affect your child custody rights. If it is believed that you pose a danger to your child, the court may deny visitation or allow minimal supervised visits. This is why it is so important to get an experienced attorney involved in your case as soon as possible. Often, based upon what occurred between the parties, a counter-petition may need to be filed against the accuser.
What Is the Difference Between a Criminal Domestic Abuse Case and a Civil Domestic Abuse Case?
A criminal domestic violence case is handled by the state prosecutor. Domestic violence cases are classified as misdemeanors or felonies, depending on the severity of the actions that are being alleged. A criminal case conviction could lead to serving time in jail or prison.
In a civil domestic abuse case, the accused will have a temporary order of protection issued against him that prevents him from having contact with the accuser. Within a short period of time, the case will be set for hearing. From there your attorney will prepare you for your hearing as well as attempt to negotiate a favorable resolution for you. If it is determined that domestic abuse occurred at the hearing, however, an order of protection will be issued that can last for an indefinite period of time.