In divorce cases involving minor children, the State of New Mexico typically finds it in the child(ren)’s best interests for parents to share legal custody. In other words, both parents retain their rights to make decisions about their child(ren)’s medical care, education, religion, etc. However, there are times when shared legal custody is not in the child’s best interests.
If you think that your co-parent is unfit, you may pursue sole legal custody. To increase your chance for success, you will need the help of an experienced family attorney. The lawyers at Patrick J. Martinez & Associates can help.
Conditions for Sole Legal Child Custody
Sole legal custody of minor child(ren) may be granted when one parent is determined to be unfit. A parent may be deemed unfit if:
- He/She has a history of domestic violence
- He/She is or has a history of substance abuse
- He/She has a psychological condition, such as PTSD, that puts the child at risk of abuse or neglect
- He/She is unable to provide a safe residence for the child
There are a number of other factors that may give cause for a sole custody suit. An experienced family lawyer can advise you if your co-parent’s history or current situation puts your child(ren)’s best interest at risk.
Why You Need a Lawyer to Pursue Sole Custody
As the party requesting sole legal custody, you must demonstrate that the co-parent is unfit. A lawyer will know what evidence and documentation make a compelling case for the court. A lawyer will also objectively present your case, eliminating emotionality that can introduce questions about the credibility of your claim.
For the expert legal counsel you need to pursue sole legal custody, contact Patrick J. Martinez & Associates. We have helped hundreds of clients in child custody battles protect their child(ren)’s best interests and their parenting rights. We can help you.