Child Custody in Las Cruces, NM

We understand that a child custody battle is a personal and highly emotional issue. This is why we’re so passionate about connecting you with Las Cruces, New Mexico professionals that will help you fight for your rights as a parent.

What Is Child Custody?

When two parents separate, they must decide on how their children spend time between them. Child custody refers to the right of either or both parents to provide a home for their children and exercise parental rights. In Las Cruces, NM not all child custody cases go to court, but when they do, courts make their decisions based on what they think is most beneficial for the child.

Types of Child Custody Arrangements in Las Cruces, New Mexico

There are three main types of arrangements that can occur. These include full custody, sole custody, and joint custody. Las Cruces custody cases are under the jurisdiction of New Mexico’s 3rd Judicial District Court.

What Is Full Custody?

In a full custody arrangement, one parent receives the majority of the parenting time and maintains physical custody. In most instances, this person also makes the majority of the decisions about the child’s upbringing and has control over decisions related to health, education, and religion. The parent awarded full custody is the primary custodial parent.

New Mexico code requires courts to decide custody based on the best interest of the child. The statute supplies multiple criteria for a Las Cruces court to consider, including:

• The wishes of the parents

• The wishes of the child, especially if they are over 14

• Interaction with siblings and other relatives

• The child’s adjustment to their home, school, and community

• The mental and physical health of all involved parties

If a parent wishes to change an existing custody order, they can file a Motion to Modify. However, the requesting parent must show a material change in circumstances affecting the child’s best interest.

Even when children only live with one parent, the other parent still has the opportunity to be a part of their lives. The custodial parent may allow visiting time or the children may spend a few weekends with the non-custodial parent. In some instances, a parent awarded full custody might still maintain joint custody in practice with their partner for the benefit of the children.

What Is Sole Custody?

Most people do not differentiate between one parent getting the overwhelming majority of the parenting time or rights and sole custody. However, it is important to note the possibility of some parents getting no parenting time or rights at all. The court will provide one parent with sole physical custody if the other parent is deemed an unfit parent.

In some cases, the court may go as far as to terminate the rights of the other parent. This may occur if the parent gets convicted of particular crimes that might endanger a child. An example is child abuse or inappropriate sexual conduct with a child. New Mexico state laws vary on what might result in parental termination.

What Is Joint Custody?

Joint custody describes the arrangement where both parents of the child split physical custody. When parents share equal custody, the child may spend a week or two on and off with either parent. Some families in Las Cruces, New Mexico also practice “nesting”, where both parents move in and out of the home the child lives in when it is their turn to have custody.

New Mexico law requires Las Cruces courts to initially presume that joint custody is in the child’s best interest. In fact, if the parents can agree on a custody arrangement, the court will typically follow it. However, the judge will ultimately decide what’s best based on the child’s best interest. Before awarding joint custody, a Las Cruces judge will look at the parents’ ability to communicate and cooperate. Geographical proximity to one another may also be a factor in the final decision.

In many joint custody arrangements, one parent may retain complete responsibility. This is for any major decisions that have to be made in regard to the well-being of the child. Also, joint custody does not always mean an equal sharing of time. In most instances, one parent still retains primary custody. In these cases, they may hold the larger portion of a 60/40 time split.

The Factors Courts Consider When Making a Decision

In Las Cruces, New Mexico full custody is often awarded when one parent isn’t able to contribute to the responsibilities with raising the child. For example, if a parent is physically incarcerated, doesn’t have financial stability, or is involved in situations that may potentially hurt the child, the court may grant one parent full or sole custody due to the circumstances.

On the other hand, joint custody is often provided to the parents. Both parents assume the responsibilities that are required to raise a healthy and happy child. Both parents need to be able to work together to maintain consistent communication and follow the directions of the court. Sometimes parents do not work well together. Then the court is sometimes more likely to award one parent the majority of the parenting time to reduce friction.

With Las Cruces joint custody cases, both parents need to coordinate resources and activities to support the needs of the child. The situation of your custody arrangements might vary. There may be supervised custody arrangements for one parent. Another option is a public meeting place for the child to be picked up and dropped off with the other parent.

The Basics of the Child Custody Process 

Custody arrangements in Las Cruces, New Mexico are often subject to family court orders and decisions. However, this is not always the case. Even when the split is amicable, hiring a child custody lawyer can help. Navigate the troubled waters of your custody battle with legal help. Many parents are able to come together to find a solution that works well for the child. Oftentimes without needing to involve the court system.

Although not statutorily required, a Las Cruces court will typically order mediation in contested custody cases. Mediation services are provided by the court’s Domestic Relations Mediation Program. Each parent must pay for a minimum of 3 hours of mediation, using a sliding fee scale. Mediation is confidential, and no information will be provided to the court without the consent of both parties.

Working with a Las Cruces custody lawyer as a mediator can help to advise you on the best type of custody arrangement that would work for the unique requirements and needs of your child. Hire an experienced child custody lawyer to help you better understand your rights as a parent and avoid costly mistakes.

Work With an Experienced Las Cruces, New Mexico Child Custody Lawyer 

A child custody battle is a difficult and frustrating process. This is worse when there is animosity between you and the other parent. A Las Cruces lawyer that specializes in this area can help to explain the entire process of the child custody battle and can help to make a positive impact on your case whether they mediate the arrangement or defend one party.

Hire a dedicated and passionate child custody attorney in Las Cruces, New Mexico.  Your chances of  seeing a custody agreement and visitation rights that are favorable for you will be much more likely. If you’re looking to hire an experienced child custody lawyer to help you understand your rights as a parent, you’ve come to the right place.

The attorneys we connect people with can increase your chances of getting the arrangement you seek, even in complex cases. Connect with an experienced lawyer in your area today. We can even help you connect with an attorney across New Mexico state lines. 

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!