When a couple separates or divorces, tempers and anxiety are often at high levels. When that couple has a child, the chances of people being upset and worried are considerably greater. Parents who no longer live together need to figure out how to share parenting time with their former spouse or partner. Most parents want to be with their children as much as possible, making conflicts over custody common.
Fortunately, an Albuquerque child custody lawyer has the experience and the skills to help you work toward a favorable resolution of your custody dispute. A knowledgeable legal team of family law attorneys who were born and raised in the area wants to help you and your family resolve disagreements over both legal and physical custody.
Legal custody involves the concept of decision-making authority over a child. A parent with legal custody has the lawful right to make important and critical decisions about their child’s upbringing. Typically, New Mexico courts try to award both parents joint legal custody. Even if a child lives exclusively with only one parent, a noncustodial parent with joint legal custody can still have an equal say in critical choices that affect their child’s wellbeing.
Some of the areas in which parents with joint legal custody can disagree involve education, religion, and medical care. Parents with joint legal custody need to decide together whether to send their children to public or private school or homeschool them. They also need to determine whether to raise their child religiously. Disputes over medical care can involve disagreements over which doctors a child should see and what kind of vaccines and treatments they should receive.
When both parents try to force competing values on a child, the child can experience anxiety and stress. A caring Albuquerque attorney could help a parent seek court involvement to resolve their conflicts regarding legal custody. In some situations, a parent might be able to obtain sole legal custody over a particular matter, such as the child’s religious upbringing.
When people think of custody issues, they most commonly think of parenting time or physical custody, which determines where the child will live. The court generally tries to award parents joint physical custody, but that does not mean both parents will have the exact same amount of parenting time, such as when a child lives for one week with one parent and the next week with the other parent. One parent could have physical custody during the week, and the other parent could have physical custody on the weekend. Alternatively, a child could live with one parent during the school year and the other parent during the summer.
Ideally, parents can determine a parenting plan with a schedule that works best for them. However, if they are unable to reach an agreement, a court could determine an arrangement that is in the best interests of the child by looking at the following factors:
A persistent Albuquerque attorney could work diligently to help a parent build a strong case for custody.
If you have concerns about custody of your children, you should not try to handle the matter by yourself. Working alongside a skilled and experienced legal team could give your family the best chance of reaching a resolution that is satisfactory to you.
Call an Albuquerque child custody lawyer today to learn how our seasoned attorneys could protect your rights and interests.
