How Parent-Child Relationship Affects Joint Custody Case

Custody and timesharing are usually one of the most emotionally draining cases decided by family courts in New Mexico. While all parents want to maximize their time with their child, there may be legitimate reasons why one seeks the sole custody of the child. 

In layman’s terms, “custody” means the authority and right to keep the child and care for him. In New Mexico, child custody cases are decided based on the standard of what is in the best interest of the child. 

While joint custody is presumed to be in the best interest of the child, it is not set in stone. There are times that courts would grant custody to only one parent after clear and convincing evidence demonstrates that joint custody is detrimental to the child’s mental, physical, and emotional wellbeing.

However, aside from the child’s well-being, other factors are legally considered under the “best interest” doctrine and this is what we’re going to look into if you’re challenging a child custody case. One of the factors is whether the child has established a close relationship with each parent. 

What does it mean? This means that the court will not just grant sole custody just because one parent wants to make all decisions or one parent doesn’t like the other parent. The court will carefully explore whether or not the child has established a close relationship with each parent, how close it is compared with each other, and how separating the child from either of each parent will affect his physical, mental, and emotional health.  

Every child forms a unique bond with their parents. A child can have a strong emotional and filial relationship with both mom and dad, and it will shatter his world if he’s made to live with only one parent. When children used to have secure and healthy relationships with their parents, the court will be reluctant to break that bond and grant sole custody to just one parent. 

If you want to fight for physical custody of your child, you must demonstrate through clear and convincing evidence that your child also has a close relationship with you. There are many ways you can prove your close relationship with your children such as through witness testimony or time spent with him during family occasions, school programs, and family activities in the school. 

Note that there are different types of custody. The court may grant you joint legal custody which will mean that your child will have time with you and you can also take part in making all important decisions in his life such as religion, medical decisions, and education. Conversely, the court may grant you sole legal custody but may still require the other parent’s approval before making a life-changing decision.

If you need help getting custody of your child, you need assistance from lawyers who have extensive experience in child custody cases in New Mexico. The Justice Legal Group can help you determine the best course of action and provide quality legal representation before the family courts of New Mexico. Call us at (505) 407-0573 or chat with someone now through our online chat function. We will make sure you get the help you need.