The following form is a Petition that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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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.
Child Support payments can usually only be changed if a material and substantial change in circumstances have occurred. This usually means one of the parent's income has either significantly increased or decreased or the timesharing split has been substantially altered.
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.
Sole custody can be legal, physical, or both. Legal custody entitles a parent to make all major decisions regarding the child's life, including education, religion, health care, extracurricular activities, and beyond. Physical custody, or timesharing, is the time a parent is legally entitled to spend with the child.
Child May Assert Their Own Preference Starting at Age 14 When evaluating a child's best interests, the New Mexico court will give the child an opportunity to be heard on their own preferences for a custody arrangement.
Child support or custody/timesharing can be modified in New Mexico by filing a Motion to Modify. The Motion to Modify must demonstrate that a substantial and material change in circumstances has taken place since the existing order was entered.
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?.
