How Will Child Custody Be Decided?
In New Mexico, there is a presumption that the parents will share joint legal custody. There are other matters, particularly physical custody, that are based on the best interests of the child. What does that mean in your divorce? Talk to a child custody lawyer at The Family Law Firm in Albuquerque, New Mexico.
Child Custody Lawyers in New Mexico
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Many dads we talk to are concerned that the mother will automatically get physical custody and the father will lose the opportunity to watch the child grow and learn. Let us put your mind at ease. You have the right to be an active father no matter how the judge decides physical custody.
- Be a part of your child's life: You want to spend quality time with your children, share your family values and traditions with them, teach them about life. Tell your lawyer about the relationship you want to build with your children.
- Can a father have primary physical custody? If that is in the best interests of the child, yes. Tell us about the specific circumstances of your family and why the children would be better off in your home the majority of the time. The mother may not want primary custody or may not be able to handle the responsibility for medical or job reasons. Talk to an attorney.
- Primary custody or shared custody? In every family, there is a different "right" answer to custody — and that answer may change with time. (As circumstances change after the divorce, you may want to consider a post-judgment modification to custody.) The court defines primary custody as one parent having the child 65 percent of the time or more. Shared custody is when each parent has the child more than 35 percent of the time.
The well-being of your child is, of course, more important than any discussion of percentages. Talk to an experienced lawyer about your child and what would work best for that child.
At our law firm, you can be sure we will not automatically assume moms should have primary physical custody. We are concerned with your relationship with your child and with what would be best for your child.
The Family Law Firm represents clients throughout New Mexico. Call or e-mail to set up a consultation with a lawyer who knows how to level the playing field and help you determine what is best for your child.
