Child Custody Laws: The Basics in New Mexico

Basics of Child Custody in New MexicoA separation or divorce could have a distressing impact on children. Children inherently love both parents, and they deserve support and love from both unless the family dynamic could result in harm. That said, parents must always hold the child’s best interests above all else, especially when it comes to child custody cases, following a separation or divorce.

Child Custody Basics in New Mexico

In most cases, parents can get joint legal custody of children below 18 years old regardless if the parents live apart or together. In joint legal custody, parents equally share the responsibility and right to make crucial decisions regarding the children’s education, health, and general welfare.

Joint physical custody basically means that children live with the mother or father on a regular basis. This doesn’t mean that children should spend the same amount of time with the father and mother. Sole legal custody, on the other hand, only one parent can make vital decisions for their children. While sole physical custody essentially means that children reside with only one parent, while the other parent is given visitation rights.

Winning the Child Custody Case

Child custody lawyers in Albuquerque say that the court is always in favor of giving parents equal custodial rights. However, the court’s preference could change according to some vital factors. For example, a father who fails to regularly visit his children that don’t live with him. The law favors consistency regarding child rearing. If parents can’t agree on visitation or custody arrangements, the court could step in and make temporary arrangements, especially if issues arise.

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The court will decide to award physical and legal custody to both parents or only one of them. In some cases, another adult may become the custodial parent if they deem that both parents are not capable of caring for their children. Remember to always hold your children’s best interests at heart because that’s what judges take into account above all when making custody decisions.