Child Custody Attorney in Albuquerque, NM
Child custody issues are often the most difficult part of a divorce or separation. Even in a friendly split, managing the stress of major life changes while trying to create a fair parenting plan requires compromise and patience. If your custody case becomes a conflict, protecting yourself and your child may feel like an overwhelming struggle. No matter your case, an Albuquerque child custody lawyer from Ashton Law, PC, can help you through it.
Advocating for Your Family in Albuquerque
At Ashton Law, PC, our practice is centered around empathy and a commitment to each of our clients’ well-being. We aim to help families across New Mexico manage complex family matters with the support and resources they need to move forward confidently. Our Albuquerque family law attorney has helped a myriad of Albuquerque families create thorough, sustainable child custody plans that protect their children’s interests.
Don’t let life’s uncertainties dictate your future. Protect what matters most with Ashton Law, PC.
Understanding Child Custody in Albuquerque
Custody proceedings in Albuquerque typically arise in the context of divorce or legal separation. According to data from the U.S. Census Bureau’s 2023 American Community Survey, the city’s relative share of divorces is significantly higher than that of the rest of the U.S., with around 12.3% of men and 17.6% of women in Albuquerque having gone through divorce.
When a child’s parents stop living together or end their marriage, they are legally required to create their own court-approved custody arrangement or have the court determine one for them. A custody arrangement covers two major types of responsibilities that parents have toward their children. These are known as:
- Physical Custody: Physical custody covers day-to-day childcare. It gives a parent the right and responsibility to share a home with their child.
- Legal Custody: This form of custody refers to the right and responsibility to make major, non-emergency decisions about the child’s upbringing. This includes deciding on the child’s engagement with religion or lack thereof, their education, and their healthcare.
Child custody laws in New Mexico assume that joint legal and physical custody is in the best interests of children, as long as there is no evidence suggesting the contrary. This doesn’t necessarily mean that courts always grant joint custody. However, they often try to implement joint custody whenever it seems favorable for a child. Joint custody can refer to any split distribution of custody responsibilities, while sole custody gives only one parent those rights.
Factors Affecting Child Custody Determinations in New Mexico
New Mexico’s family courts determine custody arrangements based on what they believe to be in the child’s best interests. Children ages fourteen and older are considered mature enough that the court may take their wishes regarding custody into account. Regardless of the age of the child, courts also weigh other important factors, including:
- The child’s relationship with each parent
- The parents’ capacity to provide responsible care
- The parents’ ability to cooperate and communicate
- Each parent’s willingness to promote the child’s healthy relationship with the other
- Any history of abuse, domestic violence, or substance abuse
A child custody lawyer from Ashton Law, PC, can guide you through your child custody case, advocating for a fair and sustainable agreement that allows you to keep your parental rights.
Why Hire a Child Custody Lawyer in Albuquerque?
The outcome of your custody case will shape your child’s future, as well as your own. When you hire a child custody lawyer from Ashton Law, PC, you get access to one of the most effective tools that can safeguard your parental rights. A skilled attorney can help you deescalate conflict while at the same time collect evidence and build a strong case that demonstrates why you deserve custody and why it is beneficial to your child.
We can also use our extensive knowledge of family law to help you better understand your rights, advocate for you during hearings, and represent you during litigation if necessary. Our team has renowned problem-solving and dispute resolution skills, allowing us to help families find compromises in the most contentious of situations. When you need help creating a parenting plan in Albuquerque, you can trust Ashton Law, PC, to help.
Contact Ashton Law, PC, to make informed decisions today.
FAQs
What Is the Difference Between Sole and Joint Custody in New Mexico?
In New Mexico, parents and judges have the opportunity to divide custody responsibilities. If these responsibilities are divided, they are known as “joint.” If only one parent is awarded certain custody responsibilities, this is known as “sole” custody. Custody arrangements vary depending on what is best for a child. For example, a judge may award parents joint physical custody but only give one parent sole legal custody.
What Kind of Lawyer Handles Child Custody Cases in New Mexico?
Generally, a family lawyer handles legal matters pertaining to domestic relationships, including child custody and divorce. Some family law practitioners focus narrowly on child custody, while others take on a broad range of cases. If you’re involved in a child custody dispute in New Mexico, finding a skilled child custody lawyer with knowledge of family law and local custody regulations can make an immense difference in the outcome of your case.
Can a Grandparent Get Visitation in New Mexico?
A grandparent in New Mexico who can’t visit their grandchild due to objections from the child’s parents can petition the court for visitation privileges, provided they have adequate legal standing. Circumstances that grant such legal standing include custody or parentage cases involving the grandchild, the death of one or more of the child’s parents, some adoptions, and certain situations in which the child previously lived with the petitioning grandparent.
What Should You Not Do During a Child Custody Case in New Mexico?
Because child custody cases in New Mexico can be contentious and put your parental rights at risk, it’s important to avoid doing or saying anything that can negatively impact your case. You should avoid any outbursts, yelling, or emotional disputes, especially in the courtroom, as this may show that you are unable to regulate your emotions. You should also avoid talking poorly about the other parent and prioritizing your own desires over your child’s needs. Additionally, refrain from posting about your case, your ex-partner, or your lifestyle on social media, as these posts can be used as evidence against your character or parenting abilities.
Contact An Albuquerque Child Custody Lawyer at Ashton Law, PC, Today.
If you’re looking for an experienced, empathetic child custody attorney you can rely on throughout the custody process, the team at Ashton Law, PC, is ready to hear your case. Take the next step in securing your family’s future and contact us at our Albuquerque office to schedule your consultation today.
