New Mexico Child Custody: Facts Parents Should Know About It

Legal Adviser October 18, 2017
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Custody of Child concept of family laws and adoptionWhen a divorcing couple has a child, determining child custody may be an uphill battle — or not if you know what to do. This involves legally establishing which parent the child should live with, how much time the child can spend with the non-custodial parent, and who can make the decisions for the child’s safety, security, and overall welfare.

Child custody is never an easy subject, especially when both parents can’t come to an agreement. This is why it’s vital to hire the services of an Albuquerque family lawyer, especially when you want to contest an aspect of parenting time, responsibilities, or in general, the type of custody (joint or sole) itself.

New Mexico Child Custody Law: Beyond the “best interests of the child” standard

In New Mexico, the courts enforce the “best interests of the child” policy. The standard they follow is the same as what many other states in the country abide by. However, unlike other states, NM also takes into consideration the child’s desires. When the child of a divorced couple or that of one going through marriage dissolution is already 14 years old, they can voice out their take on the subject of custody.

The standard custody law for children under 14

The only time when the court follows the standard “best interests of a child” policy is when determining child custody for children less than 14 years of age. In this case, they take into consideration the primary child custody-establishing factors, including the parents’ wishes, as well as the relationship between the child and each of the parents, siblings, and anyone else who has a bearing on the child’s welfare among several other variables.

In any case, it’s vital that you retain a family lawyer specializing in child custody, as this’ll make the process easier on everyone. This way, you won’t have to expose your children to more than the necessary stress and toll that such situations typically come with.


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