Albuquerque Child Custody Lawyer
Divorce or separation is a heartbreaking time in a couple’s life that brings with it a host of disappointments and hurts. However, when children are involved you may feel greater anxiety, as if your entire family unit is dissolving and the relationship with your children is threatened.
At Cortez Family Law, we understand the delicate nature of child custody disputes and our goal is to minimize the negative impact on your children and pay individual attention to your family’s needs.
Understanding Child Custody in New Mexico
Custody is a complex concept to understand as it involves many facets of maintaining your relationship with your child or children. While you should always consult an attorney to understand the details of what child custody means in your unique situation, below is some general information:
Legal custody refers to the right to make decisions about your child’s life. You may be awarded joint or sole legal custody:
- Joint custody means that you and your spouse or former partner will jointly make decisions about any potential major changes to your child’s life. Joint custody is the presumption in New Mexico and, in most cases, joint custody is awarded.
- Sole custody means that the parent awarded custody can make those changes in your child’s life without the approval of the other parent. Sole custody is less common, but may be appropriate when domestic violence or serious addictions are involved.
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Albuquerque, NM child custody lawyers.
Physical custody refers to where your children will live for the majority of the time. You may be awarded shared or primary physical custody:
- Shared Custody means that the children split their time between both parent‘s homes. Shared custody may be appropriate for preschool-aged children through high school. It does require a high degree of cooperation between parents who reside in relatively close proximity to each other.
- Primary Custody means that the children live primarily with one parent. Except in cases where the parties equally share the children on a 50/50 basis, generally one party is awarded primary custody. However, the other parent’s time can be as little as a weekend a month (for long distance relationships) or as a substantial as 6 days out of every 14. In the end, while many people want primary custody, priority should be given to the child’s best interests.
If you are not awarded primary physical custody, you may be eligible to obtain visitation rights. At Cortez Family Law, we will help you fight for visitation rights so that you can maintain your good relationship with your children.
Contact Our Albuquerque, NM Child Custody Lawyers
At Cortez Family Law, we have extensive experience handling child custody disputes and utilize our intimate knowledge of New Mexico child custody law to fight for your parental rights. If you would like to learn more about child custody, visitation rights, or grandparent’s rights, contact us to speak with a child custody lawyer in Albuquerque today.