Is New Mexico a 50/50 custody State?
Is New Mexico a 50/50 custody State?
New Mexico law assumes that “joint custody is best for children. Equal time-sharing is possible in joint custody, but other arrangements are possible as well. The judge may not order 50-50 custody unless a counselor or psychologist recommends such an arrangement.
What age can a child choose which parent to live with in New Mexico?
A child can state a preference as to which parent they would rather live with at any age. However, at 14 years old, the court shifts to considering the child’s wishes more seriously.
How hard is it to prove a mother unfit?
The bottom line is that it is usually very difficult to prove that the child’s primary caretaker – be it the mother or a father – is unfit to have custody of the child. Excessive discipline or emotional abuse of the child; A history of drug or alcohol abuse; or. A previous conviction for a sexual offense.
What is considered an unfit home?
The definition of an unfit parent is governed by state laws, which vary by state. A parent may be deemed unfit if they have been abusive, neglected, or failed to provide proper care for the child. A parent with a mental disturbance or addiction to drugs or alcohol may also be found to be an unfit parent.
How do I prove I am a better parent in court?
Prove You’re the Better ParentThe physical well-being of the child: For example, focus on your child’s routine, sleeping habits, eating schedule, and after-school activities. The psychological well-being of the child: For example, making sure that the child has access to liberal visitation with the other parent.
Do judges side with mothers?
Judges have guidelines used to determine what is in the best interest of the children. The gender of the parent plays no part in their decision. Today’s “knowledge” that courts prefer mothers stems from past generations and media sensationalism.
What makes a father unfit in the eyes of the court?
What exactly is an unfit parent? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
Who is more likely to win a custody battle?
Without a doubt, courts here in Texas and across the country once favored keeping kids with their mothers. Even under questionable circumstances, family courts used to believe that children were better off with their mothers than with their fathers full time.
Can you lose custody for cheating?
While having an affair isn’t grounds for losing custody of the child, there are circumstances that might contribute to the fact that the cheating spouse makes bad decisions or puts their needs before the child. If the cheating spouse is living with someone else during the divorce, that itself isn’t a problem.
What do judges look at in custody cases?
Judges must decide custody based on “the best interests of the child.” The “best interests of the child” law requires courts to focus on the child’s needs and not the parent’s needs. The law requires courts to give custody to the parent who can meet the child’s needs best .
Can I lose custody of my child for marrying a felon?
Misdemeanor crimes, can become felony charges when the crime is repeated often enough, and they are caught repeatedly. Any parent can lose custody of a child if they are reported to CPS and an investigation is made. A person that has felony convictions, has served some time in jail or prison.
How does a judge decide best interest of a child?
The courts think that the parents of the child should be able to determine what is in the best interests of the child, and only if they cannot reach an agreement, the courts will hear both sides of the story and make a determination about the best interests of the child.
What should you not say in court?
8 Things You Should Never Say to a Judge While in CourtAnything that sounds memorized. Speak in your own words. Anything angry. Keep your calm no matter what. ‘They didn’t tell me … ‘ That’s not their problem. Any expletives. You might get thrown in jail. Any of these specific words. Anything that’s an exaggeration. Anything you can’t amend. Any volunteered information.
Does writing a letter to the judge help?
To be sure, there are times that letters (written in consultation with an attorney) can be useful, such as at the time of sentencing. However, when a person is awaiting trial, writing a letter to the judge will not help. At best, the letter will go unread by the judge, and will be of no help.
