Going through a divorce is a stressful experience in and of itself. It can get even more emotionally and legally complicated when minor children are involved. To make sure that your child(ren)’s best interests and your legal parenting rights are protected, you may need the help of an experienced family lawyer. Patrick J. Martinez & Associates can help navigate child custody laws to keep you and child(ren) together.
New Mexico Child Custody Laws
Child custody is not extensively dealt with in New Mexico statutes. For most cases, the State of New Mexico determines it to be in the best interest of the child(ren) for parents to share legal custody and visitation so that they may both foster a loving relationship with the child(ren). Some exceptions are noted, such as:
- Cases involving child abuse or neglect
- Cases in which a parent has been shown to be unfit
In such cases, one parent may seek sole legal custody.
Child Custody Case Laws
Joint legal custody is the standard in most child custody cases. However, there is no standard for physical custody or visitation. These matters are determined on a case-by-case basis. Before child custody orders are put into effect, parents must agree to a parenting plan that outlines how the child(ren)’s time will be shared, how holidays will be celebrated, how parents will communicate in emergencies and about major life changes.
When to Seek a Child Custody Lawyer
Even when you and your co-parent are separating amicably, it is best to have an experienced lawyer review your case. In child custody matters, you do not want to sacrifice time with your children or child support that may be contingent on physical custody. Most importantly, you do not want your emotions to compromise the long-term well-being of your child(ren).
The lawyers at Patrick J. Martinez & Associates have years of experience with child custody cases, many of them contested battles between parents. We can help you protect your family as you move forward into a new chapter of your lives. Contact us to schedule a consultation at our Albuquerque, NM office.