Cortez Family Law

In our last blog entry, I discussed the correct and proper steps that Katie Holmes had taken in pursuing her divorce and custody case. Katie properly planned ahead, made no mistakes and established her self as the primary parent. It probably also didn’t hurt being advised by her father (who is a divorce attorney) every step of the way. (Incidentally, you, too, can plan ahead as such by calling our firm for your free consultation). As recent news reports suggest, perhaps actress Halle Berry could have done with a little more advance planning of her own, because in contrast to Ms. Holmes she has done nothing right in her custody case. Continue reading →

More than likely you’d have to have been living under a rock to have missed all the news on the Katie Holmes/Tom Cruise divorce. I have to admit, even as a family law attorney for whom such cases seem routine, I was mesmerized by each and every detail of the unfolding drama, logging onto the People Magazine website hourly seeking updates to the most potentially salacious and juicy divorce case in recent history.

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Previously on April 11, 2012, we blogged about several difficult cases involving parental discipline which resulted in unjust results and charges of child abuse. These cases, like most of our cases, tend to rectify themselves over time (or to be perfectly accurate, we tend to rectify them). In this entry, we will provide updates on these troubling cases:  Continue reading →

Imagine negotiating your entire divorce without ever stepping foot inside a courtroom. Imagine negotiating with two attorneys interested in a mutually-beneficial result. Imagine also meeting with a child psychologist or counselor during the process who will assist you in formulating a parenting plan in your child’s best interests, as well as yours and those of your spouse. Imagine it all costing less than a fully litigated divorce.  This isn’t a dream. This is the concept of a collaborative divorce. Continue reading →

Our firm has recently been involved in several Albuquerque family law cases (four in particular) with strikingly similar facts, yet vastly different results following litigation.  The facts are out of control teens, disciplining parents, and abuse allegations resulting from the discipline. In all four cases, a parent was accused of abusing his or her children after using what I would term mostly appropriate discipline.  More importantly in each case, absolutely legal discipline was used.  In each case, after the teen was disciplined, the angry teen told the other parent who reported the abuse to the courts or to Child Protective Services (CPS). Continue reading →

One of the most frequent questions I am asked is whether or not a party should remain in the home or move out when divorce is filed. This blog answers that question for those who are married or unmarried but living with the joint homeowner.  The easiest way find to find the answer appropriate to your circumstances is to follow the flow chart below:  Continue reading →

We feel we should point out that, in the midst of your reading this blog entry, there is a very strong likelihood that you are presently under electronic surveillance. It is furthermore quite likely that you have been under said surveillance for some time. A good number of activities in which you’ve recently been involved have been observed, cataloged and indexed without your foreknowledge.  Certain things you’ve been doing under an assumption of privacy have been recorded and later seen by persons who do not have your best interests in mind. A handful of your more unpopular or controversial opinions, previously known only to you and certain trusted confidants, have been made available as a matter of public record.  Continue reading →

This is a misleading term. Grandparent Rights implies that grandparents indeed have some sort of legal rights as far as their grandchildren are concerned. Further, the term seems to imply that grandparents have legal standing to ask the court for visitation  with their grandchildren independent of the parents’ wishes. So it is generally disappointing for grandparents to learn that this is not reality.

NMSA  § 40-9-1 1978 is actually titled “Grandparent’s Visitation Privileges Act.” While the Act does give grandparents, in certain circumstances, the right to petition the court for visitation, it does not obligate the court to grant the request for visitation, even under those circumstances. As noted in the title, grandparents’ visitation is a privilege, not a right, even if one or more of the threshold statutory requirements for filing the Petition are met. Continue reading →

You may have seen the article in the newspaper or on television last week about a man named Paul Mueller who picked up two hitchhikers who proceeded to rob him, stab him and leave him for dead. What made the story stand out to me was what happened next.

Following the stabbing, the ruffians left the scene and the man, only “mostly-dead,” called for help repeatedly while stumbling down Darlington Place NW on Albuquerque’s Westside only to have his pleas fall on completely deaf ears. No one came to his aid. Eventually in a moment of desperation, he deliberately fell into the Richey family’s front window, and pleaded for their assistance hoping he had at last found his Good Samaritan.
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Supervised visitation is something of a pandemic in Bernalillo County. While supervised visits can serve a purpose, i.e. – a safe arena for a child to spend time with a parent, supervised visitation is an overused process in Albuquerque family law and custody cases and can be to the detriment of parental rights and innocent children. While cases of verifiable abuse or drug usage certainly merit supervision as well as any other abuse or neglect case under the auspices of the Department of Children Youth and Families (CYFD), the notion of supervised visits is more far-reaching than CYFD abuse and neglect cases. Continue reading →