1. Why You Need a NM Child Custody and Visitation Attorney

2. Introduction What you can do to obtain a More favorable NM child custody order Child Custody: Ex will not let me see My kids, How should I proceed? Does Remarriage of a Parent Affect Child Custody or Visitation in NM Conclusion TABLE OF CONTENTS:

3. Introduction In this ebook you will find answers to frequently asked questions involving child custody and visitation issues in New Mexico. You will also learn about steps that can be taken to ensure a satisfactory child custody and visitation arrangement can be reached and how hiring a NM Child Custody and Visitation Attorney can help you in accomplishing your legal goals. Regardless of where you are in the divorce process, our NM Child Custody and Visitation Attorneys can assist you in obtaining an arrangement that is most beneficial to both you and your children. The topics discussed below focus on how a NM Child Custody and Visitation Attorney can help you avoid negative and unintended consequences and the reasons why you should consider hiring a NM Child Custody and Visitation Attorney in order to obtain a family plan that is best for you and your children. We hope this ebook helps you in understanding New Mexico law concerning child custody and visitation. Should you have further questions or need a complimentary no obligation consult, we are here to help. Click here to set up a mutually convenient time/day for you to discuss your concerns with us.Click here to set up a mutually convenient time/day for you to discuss your concerns with us.

4. Many parents know that the “best interest of the child” standard is the test used by New Mexico family law judges when creating child custody and visitation arrangements. Some parents do not necessarily realize that there are many actions they can take during the divorce process that may impact the judge’s decision. While the best way to learn about how to improve the prospects of a favorable child custody order is to speak with an experienced NM Child Custody Attorney, we have provided a few examples of actions that can improve your prospects. For additional information on factors judges consider important in many child custody disputes Please download our free tip sheet by clicking here. CHAPTER 1: What You Can Do to Obtain a More Favorable NM Child Custody Order

5. If you work long hours or travel for extended periods of time, this can make it difficult to establish that you are available to be a caretaker for the kids. In this situation, a stay at home parent or parent who only works part-time may have an advantage, especially if you have younger kids that are not in school. If you are able to afford to scale back your hours or create a schedule that allows you to be more available to help your kids before and after school, you can improve the prospects of obtaining more custodial time with your children. However, the court also will consider the pattern of parenting prior to a divorce, so these types of changes might be less effective if the other parent has generally been the primary caretaker during the marriage. Adjustment of Work Schedules

6. Evidence of the Status Quo If you are a parent that has remained in the family home with your children after the other parent has moved out, school records and letters from teachers, counselors, coaches and day care providers that establish that your child is doing well in school and not suffering from behavioral issues can influence a judge to avoid radical changes. If you are the parent that has moved out of the home, evidence that the child is struggling in school may suggest the status quo is not working all that well so there is less reason to preserve it unchanged.

7. Reasonableness and Cooperation The value of being fair and reasonable in dealing with access by the other parent and communicating on key issues cannot be overstated. It is understandable that parents embroiled in a bitter custody dispute may not want to go out of their way to facilitate access to the children by the other parent. However, parents who a judge believes are more likely to promote the relationship between the non- custodial parent and minor children are much more likely to become custodial parents.

8. If a parent can establish that he or she has been the primary caretaker for the children through evidence that constitutes more than “he said-she said,” it is more likely that parent will continue to exercise extensive custodial time with the children. The court will look closely at the level of interaction between the children and each parent. If the children are well adjusted and doing well in school, the parent who has been the primary caregiver for the children throughout the marriage generally will have an advantage. “He said- She said” Provide Evidence of Existing Relationship

9. CHAPTER 2: Ex Will Not Let Me See My Kids, How Should I proceed? There are few issues as troubling as dealing with a parent who refuses to allow you to see your kids when you are involved in a dispute over custody or visitation in New Mexico. Children generally fair better when parents are able to communicate effectively and develop a functional co-parenting relationship. However, many parents have a difficult time putting aside their negative emotions toward one another so that they can interact in a constructive way. Below are suggestions for parents who are struggling to exercise their custody time because the other parent is not cooperating.

10. The first step is to communicate with your ex-spouse or former partner and attempt to work out an agreement to resolve the problem. One important precaution that can prevent issues is to ensure that the parenting plan is clear regarding visitation. When parties do not have the benefit of legal advice, they may develop visitation or custody orders that fail to address critical issues or that simply are not specific enough given the dynamics between the parents.

11. “Reasonable Visitation” A frequent approach used by parents who work with non-lawyers is to include a provision for “reasonable visitation.” The problem is deciding what constitutes this type of visitation and who determines whether or not a party’s visitation is in fact reasonable. While it is not necessarily the case that a parenting plan must never be this vague, this type of provision presupposes a high degree of cooperation and communication between parents. Even if parents have an extremely amicable relationship, there is always a chance that the relationship will deteriorate over time in which case a “reasonable visitation” order constitutes a recipe for disaster.

12. When parenting plans are skillfully constructed with the assistance of a NM Custody Attorney, an extremely detailed order that covers as many issues as possible can reduce ambiguity and conflict. Clarity and specificity in the parenting plan will not only lessen disputes and misunderstanding but ease the stress and expense of having to repeatedly return to court to resolve custody and visitation issues.

13. If you cannot work out a disagreement with the other parent on a visitation or custody issue, your NM Child Custody and Visitation Attorney can file for a hearing to return to court, but the attorney may try to resolve the issue informally by negotiating a resolution so that you can avoid the costs of an unnecessary court hearing. If you must return to court because the other parent is simply being unreasonable and refusing to comply with custody and visitation orders, the court has a wide range of options to secure future compliance by the other parent. The court may do one or more of the following: Modify the custody or visitation orders Force the uncooperative parent to pay your attorney fees Find the party in contempt of court and impose sanctions that can include jail time

14. CHAPTER 3: Does Remarriage of a Parent Affect Child Custody or Visitation in New Mexico?

15. Although it is natural for parents to move on after a divorce, the process can be complicated if their children are struggling with the transition and changes associated with their parents’ divorce. Kids often equate divorce with the loss of a parent in the sense that a parent may no longer live with the child on a daily basis.

16. The reality is that nothing needs to change if the new stepparent and child have an amicable relationship. However, the fact that a new adult is living in the home can be a significant transition, so some children adapt to this change better than others. If there is a way to include the child in the process or ensure that it is not a surprise that is suddenly imposed on the children, this may ease the transition. Our New Mexico Child Custody Lawyers may be able to direct you to a family counselor who can provide tips to make the transition smoother and less stressful for your kids. However, sometimes a new spouse and stepchildren simply do not have an amicable relationship; this may affect custody and visitation arrangements in extreme situations. If the parent who remarries is the parent with whom the children lives a significant amount of the time or even a majority of the time, the court could decide a change of custody is appropriate.

17. This will depend on a variety of factors. The court may consider a child’s preference assuming the child is of sufficient age and can articulate reasonable justifications for the preference. While the preferences of the children will not be the only factor that the court considers, these preferences may carry some weight in certain situations. If the parent who remarries simply has visitation or fairly limited parenting time, the court may impose restrictions on the visitation, such as requiring visitation to be exercised in a neutral location where the stepparent is not present.

18. Again, there would need to be evidence to support the conclusion that this type of order would be in the best interest of the child. Further, courts understand that sometimes the motivations of children in this situation may be inappropriate so judges do not typically issue this type of order without careful consideration of the changes in the homes of both parents. There are even situations where the remarriage of a parent can lead to greater custody or visitation for the parent with a changed marital status. If the judge had reasons to be concerned about a parent’s stability or living situation previously, the remarriage may bring the benefits of a more stable home so that increased visitation or custody is appropriate. The judge also will consider any factors involving the other parent that would also support increased custody being awarded to the parent who remarries.

19. CHAPTER 4: Conclusion The above information is designed solely to illustrate general principles of law, and does not constitute a specific legal opinion on individual cases. We suggest that you contact experienced legal counsel for a specific opinion tailored to your individual circumstances.

20. If you have questions about parenting plans, custody, or visitation; our experienced NM Child Custody and Visitation Attorneys may be able to help. The Lightning Legal Group offers a free consultation in our centrally located offices in Santa Fe and Albuquerque so that we can discuss your situation and answer your questions