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Joint Custody vs. Sole Custody
Where do Child Custody and Child Support Law Come From?
What to Do If the Other Parent Isn't Paying Their Child Support Obligation
How to Modify Child Support
How to Guarantee that You Won't be the Custodial Parent

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child custody

Joint Custody vs. Sole Custody


What is the difference between joint and sole custody?

Custody is a legal term and refers to whom, whether parent(s) guardian, state, or otherwise, has the legal ability to make decisions on behalf of the child(ren). Custody is not exactly the same as where the kids live. The details of where the kids will spend their time, which schools they will attend, which churches if any they will attend, extracurricular activities etc. are governed by the parenting plan. Generally speaking, custody can be divided into two broad categories: joint custody and sole custody.

Where do Child Custody and Child Support Law Come From?


Where do Child Custody and Child Support Laws Come From?

People ask all the time, where do child custody and child support laws come from? Are the laws in each state completely different? Are these laws even constitutional? Let’s find out.

Family law in the United States comes from several sources. Primarily, family law is a state affair and much of the laws governing child custody and child support are state statutory law. These laws are found in each states’ codified statutes and/or codes. In New Mexico, we have Chapter 40 of the New Mexico Statutes Annotated 1978.

How to Guarantee that You Won't be the Custodial Parent


How to Guarantee that You Won’t be the Custodial Parent

Before you read any further, I realize what I’m about to present is plain common sense. I’m not trying to insult your intelligence but you would be utterly surprised at the number of times intelligent people do rather dumb things when it comes to their personal lives and especially when a court hearing is on the calendar. So I am going to take a different approach because some folks benefit more from hearing what they shouldn’t do rather than what they should do.

12 "Secrets" to Getting the Custody Arrangement You Want


Twelve “Secrets” to Getting the Custody Arrangement You Want

 

As a child custody attorney in New Mexico, I’ve heard it all. “Dad is always at least 20 minutes late picking up the kids.” Or “My ex won’t let me have any say in what happens to our girls.” Or, “I want 50-50 custody because it’s not fair that she should have the kids all the time.”

If a lawyer tells you that they can solve these problems instantly, run. The truth is, if you want 50-50 custody, or if you have a difficult ex who refuses to cooperate, there are powerful steps you can take to break past the impasse.

Child Custody and the Gay Parent

New Mexico recognizes marriage between same-sex people. Our New Mexico Supreme Court "legalized" same-sex marriage in December of 2013.SeeGriego v. Oliver.

The Court said in an unanimous decision that it is unconstitutional to deny marriage licenses to gay and lesbian couples.

"We hold that the State of New Mexico is constitutionally required to allow same-gender couples to marry and must extend to them the rights, protections, and responsibilities that derive from civil marriage under New Mexico law," Justice Edward L.

Grandparents and Child Custody Part Two

There are three conditions where grandparents can petition the Children's Court for custody of their grandkids. The New Mexico Grandparents Visitation Privileges Act provides the following scenarios:  

We discussed one of those scenarios in our November 28, 2014 installment. That article focused on the Kinship-Guardianship process whereby grandparents can petition for custody and guardianship for their grandchildren in cases where the biological parents have left the children with grandma and grandpa for an extended period of time and with no real end in sight.

Custody and the Single Dad

What do you do when the "baby's momma" doesn't want to let you have visitation? I get this question a lot from guys who are dads but aren't married to the mother of their child(ren). In fact, I was just in Court dealing with this common situation just yesterday.

Oftentimes couples believe they can work things out without formalizing anything. I will ask a client if they have an actual parenting plan drawn up with the other parent. Most times they do not. People simply assume they have inherit parenting rights.

Grandparents and Child Custody Part One


Grandparents and Child Custody Part 1

The Holidays seem to bring out the questions in people and a couple of folks have asked about their rights as grandparents when it comes to physical custody of their grandchildren. Sometimes children are left with grandparents, aunts and uncles, or other family members by the child’s parent for one reason or another. And usually this is done in the best interests of the child or children.  What do you do when a weekend becomes six months and mom or dad are nowhere in sight?

What is "The Best Interests of the Child" Standard?


The Best Interests of the Child Standard

The underlying goal for any children’s court judge or family court judge is to determine what’s in the best interest of the child or children. They do this in every child custody decision, every child support determination, and in CYFD abuse and neglect cases. Parents believe their ideas, goals, and plans are in their child’s best interests. Lawyers draft motions and advocate for what they believe is in the best interests of child-client or in the best interests of their clients’ children.

What is a Abuse and Neglect Custody Hearing?

I represent many people including children in child abuse and neglect cases. These cases have increased dramatically in recent years and the television news and newspapers publicize many of these cases. Because these cases are very unique in terms of the law and rules governing them, most people simply are not familiar with the nuances of the law including most lawyers.
The custody hearing which is the first legal proceeding held at the initiation of the abuse and neglect case. This hearing must be held within ten days of CYFD filing an ex parte order and taking a child or children into custody.
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