Custody & Time Sharing

Each family has the right to draft its own custody arrangement, called a Parenting Plan. Every Parenting Plan is subject to New Mexico family court review and approval. If the judge doesn’t believe the Parenting Plan is in the best interests of the child, the court will reject the proposed Parenting Plan. If determining child custody is due to a pending divorce, the family law court will not grant the divorce unless the parents include an acceptable Parenting Plan with the divorce petition.

If the parents haven’t been able to resolve the custody matter themselves, or their Parenting Plan is unacceptable, the court can send the parents to mediation for professional assistance. In mediation, parents are encouraged to draft an acceptable Parenting Plan with the assistance of various professionals, including therapists, psychologists, and mediators.

If the parents can’t resolve their custody dispute with mediation, the court will make the final decision. If the custody dispute goes to court, a guardian ad litem will be appointed to represent the child.

In custody disputes, a guardian ad litem advocates for the best interests of the child. The guardian ad litem conducts interviews with the parents, child, and other adults in the child’s life, including teachers, doctors, coaches, and anyone else who can help provide the guardian ad litem with the information necessary for providing a full report to the court.

If the parents are unable to agree about anything related to the child, the guardian ad litem becomes the decision-maker. It is always in the parents’ and the child’s best interests to avoid having a guardian ad litem assigned to the case. Not only do they lose control over the process, but they are responsible for paying for the guardian ad litem, increasing the costs of the child custody dispute.

If you and your partner are struggling with your Parenting Plan, please consult the Sutherland Law Firm in Albuquerque.  Our experienced child custody attorneys will do everything in their power to help you avoid a situation where a guardian ad litem is required. If you already have a guardian ad litem assigned to your case, our child custody attorneys can help you negotiate and interact with them to arrange the best Parenting Plan for your child.

If the parents are unable to agree, New Mexico family court will decide the custody arrangements. As mentioned above, New Mexico’s primary standard for deciding issues that involve children is that the best interests of the child prevail. The judge or arbitrator will examine:

• the mental health of each parent in the new living arrangement;
• the physical health of each parent in the new living arrangement;
• the new living arrangements (space and environment, for example);
• the expressed desires of the child and parents;
• the child’s relationships with the family in both homes (for instance, siblings, new partners and their children, and grandparents);
• the extent to which a change in the current arrangement will disrupt the child’s life (changing school and a new community, for example).

In New Mexico, if a child is at least 14 years old, the court will take their wishes into account, as well as the best interest factors as established by the state.