One of the most difficult parts of separation is determining what is in the best interests of the children involved—and that is the primary concern of child custody cases. Whether child custody issues arise because of a divorce or are brought up by unmarried parents, the child’s well-being and the health of their relationship with each parent hangs in the balance.

The family law attorneys at Roybal-Mack & Cordova, PC understand what’s at stake in a child custody dispute. Our team has the experience to help you navigate the process and Family Law Court system as well as the trusted counsel to guide you to outcomes that benefit your child now and as they grow.

Types of Child Custody

The State of New Mexico distinguishes between physical and legal custody.

Physical custody involves the child’s living situation—i.e., where the child resides all or most of the time.Legal custody involves the parental rights to make decisions about a child’s daily life and upbringing. Legal custody issues include a child’s:

  • Geographic residence
  • Medical care
  • Education
  • Extracurricular activities
  • Spirituality/religion

Both physical and legal custody may be shared (joint custody) or divided so that one parent has all or most time with the child and/or decision-making authority (sole custody). Even if one parent has sole physical custody, the other parent may still have visitation rights, so that the child has sufficient time with the other parent to nurture and maintain a healthy relationship.

What You Need to Know about Child Custody in New Mexico

The State of New Mexico presumes that having a relationship with both parents is in the child’s best interests. As a result, joint physical and legal custody are favored in most cases. In order to get sole custody, a parent must prove that the other parent is unfit and/or the absence of the other parent is better for the child’s physical and/or emotional well-being.

Child custody can affect child support calculations. However, child support payments are not a condition for visitation. In other words, if a parent misses one or more child support payments or cannot pay the full amount, their visitation time remains the same.

Comprehensive Child Custody Services

Roybal-Mack & Cordova, PC provide the family law services you need to resolve child custody disputes and reach an agreement that serves your child’s best interests.

Our family law team has extensive practice working with children and families. When age appropriate and with your consent, we can involve your child in the process to make sure their voice is heard in discussions concerning their family life and future.

We provide an objective view of your child custody situation, even during the most heated contested divorce or parentage cases, to make sure your child’s interests remain the top priority.

Contact us to schedule an interview with our Albuquerque-based team and learn more about how we can help your family move on after parents separate.

Dedicated Advocacy. Meaningful Results.


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