New Mexico Sample Letter regarding Child Custody and Property Settlement Agreement
Description
How to fill out Sample Letter Regarding Child Custody And Property Settlement Agreement?
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FAQ
New Mexico is a 50-50 State.
What is an Ex Parte Motion In New Mexico? Once a motion is filed, notice to the opposing party isn't required with regards to the court issuing an order or having a hearing to determine whether or not it is in the best interest of the child to change custody.
If you relocate with the children without the other party or court's approval, your judge could force your return to New Mexico. Your judge could potentially find that your actions were detrimental to the child's best interests, and grant the other parent primary custody.
When Can a Child Refuse Visitation in California? As in most other states, children in California aren't allowed to refuse to visit a parent under existing visitation orders until they reach adulthood (18 years of age) or otherwise become legally emancipated.
Is New Mexico a ?Mother's State?? Mothers and fathers have the exact same rights when it comes to divorce and custody in New Mexico, however, there are some biases that remain in the courtroom towards mothers. The reason this bias started was from a court precedent called ?the tender year's doctrine?.
New Mexico courts decide custody based on the ?best interests of the child." This is the same standard as most states. What's different in New Mexico is at 14 years old, a court considers the desires of the minor rather than determining custody based on the best interest standard.
Generally, a parent can be found to be unfit if they have a (provable) drug or alcohol addiction or if there are findings of child abuse or neglect.
In New Mexico, the court takes into consideration the wishes of the child in determining physical custody, especially if the child is 14 or older. However, this does not mean that the child gets the ?choose?, rather that the court will take their preference into consideration.
