As in the majority of states, in case of divorce or separation involving children, legal and physical child custody should be properly addressed.
Legal and Physical Child Custody
Legal custody addresses which of the parent can make crucial life decisions for the child, such as where the child should study and live. Like in almost every state, New Mexico courts presume that it is often in a child’s best interest to award parents joint legal child custody. The Albuquerque child custody lawyer of KufferLaw.com states that New Mexico law requires parents to have a formal parenting arrangement to address major issues concerning the child.
Physical custody or timesharing, on the other hand, addresses where a child must reside and how long the child should stay with both parents separately. The court addresses this on a case-to-case basis, as the child’s best interest can differ from one person to another. It’s often tough to agree on the amount of time a child must spend with his or her parent separately.
Sole Child Custody
As with most states, New Mexico courts prefer giving both parents the same level of custody as much as possible. However, sole custody is usually granted to one parent in case the spouse was or is incarcerated, or if there are cases of abuse and neglect. Although a domestic violence dispute between the parents is also upsetting, it is not typically sufficient to grant sole custody. The court believes that it’s vital for the child to spend time with both parents. In cases like these, the court usually order counseling for both parents.
Child custody is an extremely critical consideration during a divorce or separation, so an arrangement that will be in your child’s best interest is important. A lawyer experienced in child custody cases can aid in guiding you through the complex process, and keep the best interest of your child.