In many cases, New Mexico courts believe it’s in the best interest of children at the center of a divorce to have a strong, loving relationship with both parents. This can make it far more difficult for a parent to file for sole custody.
Roybal-Mack & Cordova, PC understands the stress that accompanies many family law issues. That’s why our seasoned attorneys are so dedicated to helping clients navigate this complex process. If you’re filing for sole custody, we’ll help you establish why your child is best served by being in your care full-time.
There are actually several different types of child custody that can be applied for during a divorce. Legal custody refers to the authority a parent has in making major decisions for a child. These decisions typically include things like schooling, where a child lives, and what sort of medical care is appropriate. Conversely, physical custody is concerned with where a child resides. Both types of custody can be held jointly or solely.
When sole physical custody is awarded, the non-custodial parent is often provided visitation rights. Unsupervised visitation is usually the norm, and this entails a parent spending time with his or her child according to a schedule mandated by the court. Supervised visitation is often mandated when there are concerns about a child’s safety. This usually occurs when there are questions about a parent’s living situation or there are allegations of abuse of neglect that must be investigated.
Because courts prefer joint custody to be awarded, parents filing for sole custody are required to provide proof to back up their claims. Additionally, the reason for filing must be considered serious enough for the court to believe that the child would be best served by the decision. Reasons for filing often include:
Parental relocation is another common reason people ask for sole custody. For instance, if your ex-spouse wants to move far away from you and your children, it might make sense for you to be granted sole physical custody since joint physical custody would be unfeasible.
Custody disputes are often complex, and while you’re not obligated to have legal assistance it makes sense for most clients to seek counsel. Our divorce attorneys understand these complexities inside and out. As a result, we provide essential information to clients on how to best establish the need for sole custody and what information is necessary to back up your claims.
Visit us online to get answers to your specific custody questions. If you’d like to schedule a consultation at Roybal-Mack & Cordova, PC, feel free to call us at 505.832.3411. With our support, you can focus on keeping your family together during this difficult time.