Albuquerque Divorce Lawyer Blog

There are many time arrangements to consider when developing a joint child custody schedule in New Mexico. If the parents can agree, the parenting plan, and custody and time-sharing arrangements therein, are left up to them.

One of the most predictable and straightforward is an alternating week schedule. This involves the child remaining with one parent for 7 days, then switching to the care of the other parent for 7 days. Each parent spends an entire week at a time with the child, creating more consistency and less frequency in transition. This arrangement is generally more appropriate for older children.

Such an arrangement may not be best when younger children are involved, as it leaves large gaps of time between visits. To fill these gaps, the noncustodial parent may request extra visitation. But this arrangement also lacks flexibility, as it is difficult to attend regularly scheduled activities during the week of the other parent. Lastly, this schedule may exclude a parent from spending certain holidays with their child.

A more flexible time arrangement could involve a 3-4-4-3 schedule, which would allow each parent opportunity for regularly scheduled events each week. In addition, the child would not go longer than 4 days between visits. The child is in the care of one parent 3 days one week, then 4 days the next. The other parent would have the child 4 days one week, then 3 days the next.

This schedule also has some downsides, as it includes more transitions than other arrangements. Children may have difficulty remembering where they will be staying from day to day. Frequent exchanges may also increase the possibility of conflict between parents, particularly if there are delays in picking up or dropping off the child.

Frequent transitions of the child from home to home can be very stressful on the child and the parents. There are many possible time-sharing arrangements. There is even the possibility of alternating school semesters and though this would be a rare arrangement.

Assuming the parents can agree, it is entirely up to the parents. If the parents cannot agree, then the courts will decide based upon the best interests of the child. Judges are very sensitive to constant disruption of the child's routines. Judges will be protective of the children so that exchanges of the child will be minimized when there is significant conflict between the parents.

There are many factors to consider when apportioning time between parents and their children in a joint child custody situation. The most successful schedules will take into account transition frequency, visitation gaps and flexibility as it relates to their situation. Parents would do well to decide these issues on their own. Leaving these decisions to the court rarely ends in an outcome to the liking of either parent.

Collins & Collins, P.C.
Albuquerque Attorneys

There is a perception that when a divorce or other contested child custody situation, the children involved can automatically decide which parent they would like to live with if they are 14 years or older. This perception may not be entirely accurate, as the court will take into account many factors beyond the desires of the child.

In some cases, a judge may not be particularly persuaded by the desires of a child older than 14 due to immaturity, the fitness of the parents, the environment of the child's desired home and numerous other factors depending upon the situation. Likewise, the family court judge may consider the desires of a child younger than 14 based upon many of the same factors.

There are many reasons why this issue is not clear cut. To begin with, New Mexico courts are guided by a "best interests of the child" standard when evaluating child custody. While the goal of this standard is to provide for the child's needs in the best way possible, this standard is somewhat ambiguous and thus subject to varying interpretations.

Typically under the "best interests" standard, the judge considers the child's age, the relationship he or she has with both parents, the living conditions of both parents, the willingness of both parents to support a relationship with the child and the other parent, the relationship that each parent had with the child before the divorce, the fitness of the respective parents and finally the child's preferences.

More weight may be given to a child who demonstrates more maturity, but this is not guaranteed. Instead, a judge may examine the reasoning behind the child's desires, as in an instance where a child speaks of how much they are needed by one parent. Custody would certainly be challenged if the child appears to be more of a parent than the parent requesting custody. They may also call into question situations where the child has been promised certain gifts or rewards for choosing one parent over another, or where the child may prefer the parent who makes more money.

Perhaps most common of all, a teenage child may prefer the household with the least supervision and the most freedom. The courts are very reluctant to place a child in an unsupervised setting despite the attraction that this may hold for teenage child.

Ultimately, even the most articulate and perceptive child is still considered a minor by law. They cannot make legally binding decisions. So, while the courts may consider the wishes of children in child custody cases, it will probably not be the deciding factor. The courts simply will not rely entirely on a child to decide what is or is not in the child's best interests.

Collins & Collins, P.C.
Albuquerque Attorneys

Most teenagers want to be treated like adults long before they reach the legal age of majority, which in New Mexico is eighteen (18). However, in some circumstances, a minor may become emancipated before they turn eighteen (18), which means that in the eyes of the law the child is now an adult.

In New Mexico, minors can become emancipated once they reach the age of sixteen and meets one of the following criteria: 1) he or she has entered into a valid marriage; 2) he or she is on active duty in the armed forces; or 3) he or she has been declared emancipated by a court in accordance with the Emancipation of Minors Act ("EMA").

Generally, a person must be eighteen (18) years old before they can obtain a marriage license in New Mexico, although they can be sixteen (16) with parental consent or younger with an order from the Children's Court. Similarly, a person must be eighteen (18) to enlist in the military or may be seventeen (17) if they have parental consent.

The rules regarding emancipation by marriage or military service are fairly straight forward. However, the EMA is not as clear. Instead it requires that a minor seeking emancipation be willingly living separate and apart from his or her parents or guardian, that the child is managing his or her own financial affairs and that the Court finds that emancipation is in the child's best interest.

As is true with many issues in family law, what is in a child's best interest can vary depending on who you ask, although what really matters in the end is what the Court determines to be in the child's best interest. Given the Court's discretion to determine the best interest of the child in EMA cases, it is important for any person involved in an emancipation case to consult a family law attorney to help guide them through the complicated issue of emancipation under the statute.

Collins & Collins, P.C.
Albuquerque Attorneys

New Mexico parents involved in a divorce or child custody dispute should pay attention to the results of a recent study from the University of Toronto. The study shows the long term affects that divorce can have on children.

The research, which was published by the Journal Psychiatry Research, showed that adults from divorced families were more likely to have had suicidal thoughts at some point in their lives than those from non-divorced families. The results showed that men from divorced families were more likely to experience suicidal thoughts than women.

The study further found that factors such as physical abuse, emotional abuse, parental unemployment and parental addiction could also influence the occurrence of suicidal thoughts.

Many of these issues are commonly present in New Mexico divorces. Parents should be aware of these risk factors. When they are present, they should be even more vigilant in protecting the children from the effects of divorce. Some of the risk factors may be difficult to avoid such as unemployment. The others are either within the control of the parents or a phone call away from help in dealing with these issues.

Obviously, this study shouldn't cause all parents contemplating divorce, or who are already divorced, to panic. However, it should remind all parents that their focus during a divorce or custody dispute should be on their children and protecting their children's best interests.

The New Mexico courts will often order the parties in domestic relations cases to participate in counseling or co-parenting classes, but that may not be enough. A counselor cannot monitor parents 24 hours a day. Neither can the Courts. It is up to the parents to minimize the negative effects divorce will have on the children.

Keep in mind that even the most amicable divorce leaves lasting scars on a child. Just imagine what a high conflict divorce and child custody action will do to a child. Both actions and words have lasting consequences. This is never more true than in a divorce action.

Collins & Collins, P.C.
Albuquerque Attorneys

When parents get divorced, or break up, and a child custody dispute ensues over their child, there may be people in the child's life, such as grandparents, aunts, uncles or stepparents who want to protect their relationship with the child.

In New Mexico, these extended family members do not have rights to custody, however, they may be able to establish visitation. In Rhinehart v. Nowlin, the New Mexico Court of Appeals upheld the district court's decision awarding visitation to a stepmother when she and the father of her stepchildren got divorced.

In the Rhinehart opinion, the Court reiterated that the New Mexico district courts have exclusive jurisdiction over all matters related to the guardianship, custody, care and maintenance of children. Given that exclusive jurisdiction, the district court may grant visitation to a person other than the parent of a child, if the court determines that such visitation is in the best interests of the child.

While the Rhinehart ruling does not grant extended family members an absolute right to visitation, it does provide a means for them to pursue an order allowing them to maintain contact with the child in their life. That family member will have to show that maintaining that relationship is in the child's best interest and not every relationship will meet the court's standards. In fact, it is often an uphill battle.

However, when an important and close relationship exists between the extended family member and the child, and maintaining that relationship is important to the child, it may be a battle worth pursuing. Consultation with a family law attorney can help family members determine whether or not they have a basis to pursue visitation and what procedural requirements they must follow to do so.

Collins & Collins, P.C.
Albuquerque Attorneys

One decision to be made during any divorce involving children, particularly in cases of disputed child custody, is which parent is entitled to claim the tax exemption for the children.

Many New Mexico courts will follow the basic Internal Revenue Service ("IRS") rule that, absent an agreement between the parties, the custodial parent, or the parent with whom the child lives most of the time, will be allowed to claim the exemption for that child.

However, in the 1998 case of Macias v. Macias, the New Mexico Court of Appeals ruled that Federal tax laws do not preempt the authority of the New Mexico district courts, which have jurisdiction over family law matters in the State, to allocate the tax exemption for a dependent child. In others words, the New Mexico district courts are not required to follow the IRS rule regarding the tax exemption for the child.

Instead, New Mexico courts may allocate those exemptions however they see fit so long as it is in the best interests of the child. The court in Macias noted that a dependent child tax exemption can be seen as another source of financial support for a child. As such, the court is free to allocate tax savings as a means of providing for a New Mexico child's support.

Given that claiming the dependent child tax exemption can result in substantial tax savings to the party claiming the exemption, it is important to make sure that any parenting plan or other order of child support properly addresses the tax exemption. Failure to do so could prove costly.

Collins & Collins, P.C.
Albuquerque Attorneys

When a relationship breaks up, the anger and sadness between the parties can prevent them from protecting the most vulnerable parties to a divorce or child custody action- the children. No matter where you live in New Mexico or the United States, the focus in a custody dispute needs to remain on determining what is in the best interest of the children. Sadly, in cases involving parental alienation, not only do one or both parents often engage in behavior that damages the children, they can create a situation in which the children themselves are contributing to the alienation against one parent.

While parental alienation often begins with one parent (the aligning parent) trying to interfere with the relationship between the other parent (the rejected parent) and the child, the behavior of all of the parties can exacerbate the situation. Children involved in nasty custody battles in which parental alienation is taking place may feel abandoned by the rejected parent and may push that parent away. Even if the children's feelings of rejection are based on misinformation provided by the aligning parent, the rejected parent may actually pull away from the children, which can contribute to the children's feelings of abandonment.

A variety of factors can influence children's response to potential alienation, including the children's age, their cognitive capacity, their overall temperament and whether or not the children have external support to help them deal with the emotional duress of a custody battle. No matter the cause, counseling and therapy will almost always be required to help children and parents deal with the cause and effects of a heated custody dispute. Unfortunately, one or both parents will often refuse to participate in therapy, at which time the courts must step in to order any counseling necessary to stop the abusive behavior that causes parental alienation and protect the best interests of the children. Consulting with an experienced child custody attorney is essential to identifying your responsibilities and protecting your rights in any custody dispute.

Sarah Armstrong
Albuquerque Attorney
www.CollinsAttorneys.com

One issue that can complicate any child custody arrangement is one parent's decision to leave New Mexico and their desire to take their child with them. While the court cannot prevent a parent from moving, it can prevent the parent from taking a child with them. If the parent wants to move prior to a divorce or paternity action being filed, they will most likely be prevented from doing so by the temporary domestic order entered by the court in nearly every family law case. If the parent wants to move after a parenting plan and custody order has been entered by the court, the plan itself should address whether or not one parent can move with the child.

If both parents agree that one parent can leave New Mexico with the children, then they should file a pleading with the district court that notifies the court of their parenting agreement. If the parties do not agree, then the party wishing to move can file a motion asking the court to allow him or her to relocate with the child. Once a parent decides to move, they should first discuss the proposed move with the other parent in order to see if an agreement can be reached. If not, then the parent who wishes to move needs to file their motion to relocate as soon possible because it can take weeks if not months to get a hearing before the judge.

In considering a motion to relocate, the court will look at many of the same issues it looks as in any custody evaluation. The basic question asked by the court will be whether or not the move is in the child's best interest. This includes things like: what support systems will be available to the child in his or her new home; how attached the child is to the family and community they will be leaving behind; the wishes of both parents; and, depending on the child's age, the wishes of the child. The court will also examine the distance between New Mexico and the proposed new home and the ability of the parties to travel for visitation, as well as the moving parent's reason for wanting to relocate.

Acting quickly and understanding the complicated nature of child custody decisions is key to success in getting the court's approval to relocate with a child or preventing that relocation. Thus, is it imperative that any parent in such a situation contact an experienced New Mexico child custody attorney as soon as possible.

Sarah Armstrong
Albuquerque Attorney
www.CollinsAttorneys.com

The primary goal of the New Mexico Courts in any child custody and time-sharing decision, whether it is part of a divorce or paternity case, is to find a solution that is in the "best interests of the child." Parents and their attorneys can often spend a lot of time and money trying to convince the court that their proposed custody arrangement is in the child's best interest, but the parties often fail to consider the same factors in this determination as the Court.

The court, or sometimes a child custody evaluator or guardian ad litem appointed by the court, will look at factors like: the wishes of each parent regarding custody; the child's relationship with each parent and their siblings and any other people living in the parents' home; the physical and mental health of the child, the parents and anyone else directly involved in the child's life; how well-adjusted the child is to his or her community, school and each parent's home; and, if the child is fourteen or older, the wishes of the child.

Obviously, these factors are broad and require the courts to examine everything from the child's grades to concerns about drug abuse by the parents to the child's ability to get along with their step-siblings. Given how many facts must be considered by the court in making custody decisions, it becomes clear why such decisions are rarely made very quickly. In fact, it may take several hearings for the court to rule on a parenting plan and may involve outside experts charged with interviewing everyone involved. The complexity of the determination also explains to some degree why even with the most well intentioned parties, the determination of child custody can be highly contentious.

The complicated nature of custody decisions suggests that a parent faced with a custody dispute should speak to an experienced divorce and family law attorney immediately if at all possible. An attorney experienced in child custody may be able to minimize the conflict in child custody process. Of course, much the attorney's success in keeping conflict down will depend on the parties and the other attorney.

Sarah Armstrong
Albuquerque Attorney
www.CollinsAttorneys.com

Some of the issues facing parents involved in a divorce or paternity action involving child custody are not specific to New Mexico, but occur all over the United States. One such issue, which has become increasingly recognized by family law courts during the last 20 years, is the concept of parental alienation.

Parental alienation is generally discussed in the context of a contested custody dispute, although elements of parental alienation can certainly be found in intact families. When the research about parental alienation first began being published, it focused on situations in which one parent sought to alienate the child from the other parent by doing things like preventing visitation between the child and the other parent and bad-mouthing the other parent to the child. Frequently, one parent would go so far as making false allegations in court to prevent the other parent from seeing the child.

The current research has revised the concept of parental alienation to extend beyond just one parent and to examine how the actions of both parents, and sometimes extended family, can work to alienate a child from a parent. Whatever the cause, parental alienation is a serious situation and if it goes on long enough, it can result in a parent-child relationship that is irretrievably broken.

Psychological therapy or counseling is often recommended for all of the parties involved in a parental alienation situation. If a party to custody action believes that alienation is an issue, they will need to bring that to the court's attention as soon as possible so that the court can order the necessary therapy and start putting in other safeguards to stop the breakdown of the parent-child relationship.

Parental alienation is taken very seriously by the New Mexico courts. The court above all is charged with promoting the best interests of the child. Anything that interferes with this goal which includes interference with the parent-child relationship is dealt with very seriously. An experienced divorce and family law attorney is essential to getting these issues heard and addressed by the court before it is too late save the parent child relationship.

Sarah Armstrong
Albuquerque Attorney
www.CollinsAttorneys.com

During the past few decades, there have been numerous advances in medical research regarding fertility. These advances are often a blessing for people who have been unable to have children, but they can also create complications for the family law courts. For example, can sperm donors be required to pay child support for the children created by their donation? The New Mexico courts have examined this very issue and the answer they have arrived at is perhaps yes, perhaps no, but always maybe.

Generally, the biological parents of a child are responsible for supporting that child. This obligation extends to biological fathers regardless of whether or not the father was ever married to the child's mother and regardless of whether or not he intended to conceive a child with the mother. The New Mexico court of appeals has ruled that when a woman is artificially inseminated by a licensed physician with the sperm of an anonymous donor, that donor will not be obligated to pay child support even though he is the biological father of the woman's child because such a case does not result in a true parent-child relationship.

However, the issue of sperm donor responsibility becomes substantially more complicated when parties privately conduct artificial insemination without the assistance of a doctor, or through a sexual encounter, with the understanding that the father is acting only as a sperm donor. Even when the parties agree in writing that the father is acting as a sperm donor and will not be obligated to pay child support, the court may find that the father/sperm donor is required to pay support if he engages in conduct that creates a parent-child relationship. A sperm donor may become a father when he acts like a father. This conduct can include things like acknowledging that he is the child's father. It can also include regular contact with the child. A regular visitation schedule will almost certainly result in a finding of paternity with consequent child support obligations. Any form of child custody would clearly indicate paternity and child support. Other acts by the sperm donor that create a father-child relationship may also result in finding by the court. The court will often look to the expectations of the child. As with all matters involving children in family court, it is the best interests of the child that are conclusive.

Thus, very simple acts, when taken together over time, can create a parent-child relationship in the eyes of the court. This is the case even when this may not have been the intention of the mother or the father. As such, anyone considering sperm donation, whether anonymous or not, should consult an attorney in order to fully understand the rights and responsibilities that come with such a donation. Then all behavior toward the child in the future should be consistent with the sperm donor's intentions.

Sarah Armstrong
Albuquerque Attorney
www.CollinsAttorneys.com

Sadly, there are often times when neither of a child's parents is able to care for the child. In such cases, a third-party, who may or may not be a family member, may petition the Court for child custody of the Child. In New Mexico, there are five different ways in which a third-party child custody may be awarded.

The first three ways by which a third-party may gain child custody over a child are pretty straightforward. First, the court may grant child custody to a third-party as part of a divorce proceeding if the court determines that neither parent is capable of caring for the child and the third-party properly intervenes in that divorce proceeding. Second, under the probate code, the court may grant custody to a third-party when the child's parent or guardian dies. Third, the court may grant custody to a third-party as the result of finding of abuse and neglect by the child's parents or current guardian. Abuse and neglect proceedings are generally initiated by the Department of Children Youth and Families, but they can be initiated by the third-party seeking custody.

Fourth, the third-party seeking custody can file a petition under the Kinship Guardianship Act, which typically applies when a child has lived with the third-party for more than ninety (90) days prior to the filing of a petition. However, custody can also be granted under the Kinship Guardianship Act even if the child hasn't lived with the third-party for ninety (90) days, if the child's parents are unwilling or unable to care for the child and there are extraordinary circumstances. In fact, a third-party can be granted custody of a child is when extraordinary circumstances exist, even without a Kinship Guardianship petition, and there is no other remedy available under the law, which is the fifth way for a third-party to obtain custody.

In all of the situations referenced above, the court will only grant custody to a third-party if that custody award is in the child's best interest. The person seeking custody will often have the burden of proving to the court that they are the best person to care for a child, which can be a very complicated process. Thus, it is very important for a person seeking custody to consult an attorney before undertaking such an action.

Sarah Armstrong
Albuquerque Attorney
www.CollinsAttorneys.com

When the parents cannot agree on a child custody time-sharing arrangement between themselves, there are court resources available to help assist them in establishing a parenting plan. For contested child custody cases in Albuquerque, the parties will generally be referred to Second Judicial District Court Family Court Clinic. The courts in Santa Fe, Rio Rancho, and many other judicial districts across New Mexico have similar court-sponsored family court programs that are the first step in determination of a parenting plan.

Upon referral to Court Clinic or other family court services, the parties still have control over their case. The first step in the process is non-binding mediation. Child custody and time-sharing mediation brings the parties together with a professional mediator with the goal of reaching an agreement acceptable to both parties. It is a non-binding process meaning that the parties do not have to reach an agreement. They can choose to move forward with the Court Clinic process.

When mediation doesn't lead to an agreement, the Court may then order a full child custody evaluation through Court Clinic. A custody evaluation through Court Clinic involves trained mental health and custody professionals who meet with the parents, the child and any other important people in the child's life including teachers, doctors, counselors, coaches and others to assist with the custody evaluation.

The information gathered from interviews, psychological testing and any other available sources will be used to produce a list of Court Clinic recommendations for custody. The objective is to provide for the best interests of the child/children. The great majority of the time, the Court will adopt the recommendations of Court Clinic. However, either party may dispute the recommendations, which then requires that party to hire a private custody expert, referred to as a 706 Expert. This then raises a whole new set of issues.

www.CollinsAttorneys.com

Relocation of one of the parents often has significant consequences for child custody and timesharing. In fact, it may result in a loss of time-sharing so it is not always an option. This is particularly so where there is an existing Parenting Plan that prohibits such a move as most parenting plans do.

Relocation of a parent outside of New Mexico, or even within New Mexico, can be a very difficult situation for parents who may have to choose between job or family obligations and being close to their child. It can be an even more difficult situation for a child who is faced with leaving their school and their friends and the possibility of seeing one parent much less frequently than they did before the move.

Both the federal and state constitutions protect the right of citizens to travel and move freely about the county, but while a parent has the right to move, they do not necessarily have the right to take their child with them. Where there is an existing parenting plan setting forth custody and timesharing, a parent who wants to move must file a motion for a modification of their parenting plan and timesharing agreement as soon as they know they will be moving.

If the parents have split, but have never established a formal parenting plan, it is a good idea to get a parenting plan entered by the court prior to moving. In cases where there is no parenting plan, the parent who is not relocating would be very wise to file a Motion with a Temporary Domestic Order to prevent the other parent from taking the child out of state and thereby escaping New Mexico jurisdiction over child custody and timesharing.

When a parent must move suddenly, they should still file a motion to modify timesharing before they leave and either travel back for the hearing or ask the court if they can appear at the hearing via telephone. The relocating parent should be prepared for a long and frustrating process. He or she should also understand that the Court may not look favorably on the relocation for purposes of establishing child custody and timesharing no matter what the reason for the move.

As with all custody decisions, the court's primary consideration in evaluating a modification of a parenting plan to accommodate a parent's move is the "best interests" of the child or children involved. If one parent has sole legal and physical custody, then the court will most likely find that it is in the best interest of a child to remain with that parent. In a situation where the parents share custody, but one parent wants to move with the child, the court will have to determine whether it is in the best interests of the child to stay in New Mexico or to leave with the relocating parent.

That determination rests heavily on the parent's reason for moving and how much of a disruption the move will cause for the child. The court will consider all of the child's circumstances such as family bonds, friendships, schools, sports, extracurricular activities among other issues. Most importantly, the court will look to see how the move will affect the child's relationship with the other parent. The court will almost always deny a parent's request to move with the child if that request is made as a bad faith attempt to prevent contact between the child and the other parent. As with all cases of contested custody and timesharing, if the change in the parenting plan is contested, the case will be referred to family court clinic for a full custody evaluation. This can take months and it rarely moves faster for the convenience of either party.

If a court does grant one parent the right to move with the child, the court will need to devise a new visitation schedule that accommodates the new distance between a child and parents. This can be expensive as parents will now need to pay for travel costs to facilitate visitation and can be very difficult when a child is too young to travel alone. The constraints of time, distance and a child's school schedule are only a few of the factors to be considered when one parent wants to move, which is why it is important that each parent consult a New Mexico divorce and family law attorney if they are faced with such a potential change to custody and timesharing.

www.CollinsAttorneys.com

What happens when one a parent wants to move out of state, or even to another city within New Mexico? Relocation of one of the parents often has significant consequences for child custody and timesharing.

Relocation of a parent outside of New Mexico, or even within New Mexico, can be a very difficult situation for parents who may have to choose between job or family obligations and being close to their child. It can be an even more difficult situation for a child who is faced with leaving their school and their friends and the possibility of seeing one parent much less frequently than they did before the move.

Both the federal and state constitutions protect the right of citizens to travel and move freely about the county, but while a parent has the right to move, they do not necessarily have the right to take their child with them. Where there is an existing parenting plan setting forth custody and timesharing, a parent who wants to move must file a motion to modify the parenting plan and timesharing agreement as soon as they know they will be moving. A relocating parent should understand that New Mexico will maintain jurisdiction over child custody and timesharing despite the move.

If parents have split, but have never established a formal parenting plan, it is a good idea to get a parenting plan entered by the court prior to moving. In cases where there is no parenting plan, the parent who is not relocating would be very wise to file a Motion with a Temporary Domestic Order to prevent the other parent from taking the child out of state and thereby escaping New Mexico jurisdiction over child custody and timesharing.

When a parent must move suddenly, they should still file a motion to modify timesharing before they leave and either travel back for the hearing or ask the court if they can appear at the hearing via telephone. The relocating parent should be prepared for a long and frustrating process. He or she should also understand that the Court may not look favorably on the relocation for purposes of establishing child custody and timesharing

As with all custody decisions, the court's primary consideration in evaluating a modification of a parenting plan to accommodate a parent's move is the "best interests" of the child or children involved. If one parent has sole legal and physical custody, then the court will most likely find that it is in the best interest of a child to remain with that parent. In a situation where the parents share custody, but one parent wants to move with the child, the court will have to determine whether it is in the best interests of the child to stay in New Mexico or to leave with the relocating parent.

That determination rests heavily on the parent's reason for moving and how much of a disruption the move will cause for the child. The court will consider all of the child's circumstances such as family bonds, friendships, schools, sports, extracurricular activities among other issues. Most importantly, the court will look to see how the move will affect the child's relationship with the other parent. The court will almost always deny a parent's request to move with the child if that request is made as a bad faith attempt to prevent contact between the child and the other parent. Finally, if the change in the parenting plan, custody and timesharing is contested, the case will be referred to family court clinic for a full custody evaluation. This can take months and it rarely moves faster for the convenience of either party.

If a court does grant one parent the right to move with the child, the court will need to devise a new visitation schedule that accommodates the new distance between a child and parents. This can be expensive as parents will now need to pay for travel costs to facilitate visitation and can be very difficult when a child is too young to travel alone. The constraints of time, distance and a child's school schedule are only a few of the factors to be considered when one parent wants to move, which is why it is important that each parent consult an attorney if they are faced with such a potential change to custody and timesharing.

www.CollinsAttorneys.com