One of the most challenging situations in family law is the case that deals with child custody. Most people understand that things can be replaced. Money will come and go, but children are unique and hold a special place of love in parents’ hearts. As such, a lot of emotion and challenges arise when dealing with child custody cases.
The Justice Legal Group handles some of the most contentious and challenging child custody cases. This is because of our aggressive and unique team approach to winning custody for parents. However, there are some basic concepts people need to be aware of when it comes to custody cases.
First is the concept of legal custody. New Mexico law presumes that joint legal custody is in the best interest of a child. Joint legal custody has no bearing on how often a person sees a child. Instead joint legal custody means that both parents must make joint decisions in five areas: religion, health care, schooling, residence and recreational activities. Sole legal custody, however, means that only one parent makes the decision. It’s difficult to obtain sole legal custody but some of the most compelling factors include drug abuse, child abuse, serious criminal issues and domestic violence.
The second important concept is that of time sharing. Time sharing means how much time each parent has with the child. Time sharing is determined based on what constitutes the best interests of the child. There is no firm definition as to what constitutes the best interests. The court will consider a host of factors including, but not limited to, domestic violence, age of children, involvement in the past, developmental advancement of child, physical, mental and financial needs and ability of parents.
Because the definition of the best interest of the child is so fluid you need to make sure that you seek out the services of an experienced custody attorney like those at the Justice Legal Group. To learn more about how we can help you with your custody case contact us throughout New Mexico at 505-880-8737 or email us at info@JusticeLegalGroup.com.