By way of case law and statutory framework, NM technically follows the Parental Rights Doctrine. However, in recent history the US Supreme Court has also weighed in on this doctrine. A Summary of the Supreme …
How to Get Custody When You Aren’t the Biological Parent
Generally most people think about child custody issues in the context of two divorcing parents. However, there are other circumstances giving rise to custody situations that are becoming more common place. That is custody claims …
What is Gross Income for Child Support Purposes
In New Mexico child support is determined under the guidelines based on gross income of both parties. Generally, what is included in Gross Income? Gross income includes income from any source, and may include, but …
How to Modify Time Sharing
Time sharing can be changed based on a material and substantial change in circumstances that impact on the best interests of the child. This means that anything could potentially justify a change in time sharing. …
When Should You Modify Custody
Under New Mexico Law custody can be modified any time there is a material and substantial change in circumstances that impact on the best interest of the child. There are no bright line tests to …
What is an Order to Show Cause
Most family law cases involve situations where one side believes that the other side has violated a court order. Whether purposeful or not, a violation of a court order can cause disruption to both parents, …
What is Parental Alienation
Parental alienation is the process, and the result, of psychological manipulation of a child into showing unwarranted fear, disrespect or hostility towards a parent and/or other family members. It’s a real concern in many custody …
How to Get Financial Information About the Other Side for Child Support
Obtaining current financial information is key to establishing or modifying child support. How do you obtain the financial information that you need to decide if you need to file a motion for support or to …
When Should Child Support be Modified
New Mexico law allows for child support to be modified whenever there is a material and substantial change in circumstances. There is a presumption that there is a material and substantial change in circumstances whenever …
What to do if Your Child Isn’t Returned on Time
One of the passive aggressive ways in which another parent can try and manipulate or control a child and their ex partner is by not returning the child on time or at the agreed upon …