Custody cases arise in several different contexts. It’s important to understand the context of your custody case because different laws impact on the custody determination in different ways. Here are the types of cases that often deal with custody: divorce, guardianship, probate, abuse and neglect, and paternity.
Custody in divorce cases is the most common type of custody case. In these cases it’s the parents who are fighting over custody. The standard applied here is the best interests of the child. For that matter, the underlying approach in all custody cases is the best interests of the child standard. What this means varies from case to case but the court asks what is in the best interests of that child. Similarly, paternity cases also usually involve the best interests of the child standard between two unmarried parents.
Where things get challenging is when you bring into play the other types of custody cases. For example, guardianship cases can arise from an abuse and neglect proceeding, to a probate action to an action under the Kinship Guardianship statute. Each of these types of guardianship cases have different requirements. Unlike divorce or paternity cases, in these sort of cases not only do you need to focus on the best interests of the child standard but also the legal requirements for the type of case. Thus, in a Kinship Guardianship you must show that the child hasn’t lived with the parents for more than 90 days and that the person wanting custody is a kinship care giver.
Another twist comes with abuse and neglect cases. All of these different types of custody case impact on your strategy and burden of proof. Contact the custody experts at Justice Legal Group for more information on your custody case. You can reach us throughout New Mexico at 505-880-8737 or info@JusticeLegalGroup.com.