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Child Custody in New Mexico

What are some major factors that can play a critical role in granting child custody in New Mexico?

mom and daughter talking at a table

There are people who truly believe that the best case scenario for any child is to have mom and dad resolve their differences and stay together, or at least be able to work together. But in an extremely caustic relationship, it is usually better for the child to witness their parents do what is advantageous for themselves. No one wants to get divorced, but if that day should arrive it is better to show your children there are options that can lead to security and happiness.

Unfortunately, when there are children involved most cases turn into an ugly custody battle. And though custody agreements are necessary, they are best created when everyone concerned can work together for the welfare of the child. Remember, your child once had two parents to turn to. Now, because of legal reasons, they are forced to pick one over the other. As a parent, the worst thing you can do is make a child chose one parent over the other.

While each case has different concerns, that need to be taken under consideration, the following factors play a critical role in granting child custody.

The age of the child, especially if they are still breastfeeding. Breastfeeding babies are more apt to stay with the mother. There are exception, but it is more common to see joint custody awarded with older children.

The living arrangements of the parents. The parent’s must have a stable housing situation that emulates an earnest ability to provide for the child. When one parent is able to keep the “family home”, it is more likely that parent will be awarded primary custody – the less changes for the child the better.

The relationship between a parent and child. If there is a substantial or clear difference between a child and one parent vs another, the court will take that into consideration.

The physical or/and mental health of the parents. If a parent has a history of drug abuse, severe mental disorder, physical disability or alcoholism they are less likely to be granted joint or sole custody.
Yearly income and work schedules. If your work requires you to travel a lot or spend excessive overtime at the office, that can be just as big of a custody factor as a parent who is unemployed or has inconsistent work. Unless otherwise stipulated in a custody agreement, both parents are expected to provide for the child. If one parent is able to work from home, especially when younger children are involved, they are more likely to be awarded custody.

You can find a child custody, support and visitation plan with integrity and civility, and PJ Hartman can help. Her office is located in downtown Albuquerque, and she is available Monday through Friday from 9 a.m. to 5 p.m. Contact the office today to schedule a consultation.