My Blog
My Blog


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.

Happy Thanksgiving

Even in tough times, we all are called to take a few moments and inventory our lives. Despite whatever challenges we are facing, all of us have at least something to be thankful for. 

Have a Happy and drama-free Thanksgiving Weekend!

Relocation: Risk Assessment

Here's a great article from the Atlanta Bar Association. People might find it interesting. While this information is firstly based on Georgia law and secondly it's offered herein for general educational purposes, New Mexico follows similar guidelines as suggested in this article. You're invited to ask your attorney for specific details.

Relocation: Risk Assessment Howard Drutman, Ph.D. & Marsha Schechtman, LCSW(The Family Lawyer, Atlanta Bar Association, July 2011)

One of the most difficult areas of child custody litigation is the dreaded

The Importance of an Expert

Recently a client asked me how to convince the Court to allow them to move out of state and take their kids with them. We talked about the nature of the proposed move and the fact that the other parent would likely oppose the move. Our Courts really do not like kids to move out of New Mexico even if the moving custodial parent has good solid reasons for the move. If you are the custodial parent and wish to relocate and take your children with you, and the other parent is uncooperative, you will need the Court's permission. An evidentiary hearing will likely be held and you will need an expert. The expert is a licensed psychologist who focuses on custody evaluations. One key thing I stressed to my client was the importance of an expert witness in terms of convincing the powers that be to grant your petition.Often times parents do not wish to pay for an expert thinking it to be an extravagance. However this hearing is often times the only shot at the Court seriously entertaining your request. The same idea was expressed throughout a recent two-day educational institute I attended on custody issues. I'm not trying to refer people to an expert, but simply to help you understand their importance. 
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