The subject of child custody and timesharing can be a very sensitive and emotionally charged issue for most parents.
Unless parents are able to reach a mutual agreement, a family court judge will make these determinations based on what is in the best interests of the children. To do so, a judge may call upon family and child psychologists as well as the Family Court Clinic to gain a better understanding of the custody and visitation issues particular to your case. One parent may have primary physical custody even though the both parents maintain joint legal custody.
The Different Types of Child Custody
Joint legal custody is not 50/50 timeshare. In New Mexico, joint legal custody is presumed to be in the best interest of children. When parents have joint legal custody they must make major decisions about their children by agreement, including decisions about their children’s education, activities, and medical care. If parents cannot agree, then the court will need to resolve the issue.
Primary physical custody is an arrangement in which the children live primarily with one parent and visit with the other parent. Shared physical custody is a situation where the children live with each parent for substantial and well-defined periods up to 50% of the time or close to 50% of the time with each parent. Shared physical custody works when both parents communicate well and work together making decisions regarding their children.
Custody and timesharing are sometimes modifiable after the divorce. We understand the legality and complexities of possible modification.
We provide legal advice, guidance and representation in a child custody conflict. We are familiar with New Mexico’s complicated family laws, child custody laws and parental rights.
We are committed to assisting families through conflict and transition.