New Mexico Sample Letter regarding Modification Agreement
Description
How to fill out Sample Letter Regarding Modification Agreement?
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FAQ
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?.
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.
New Mexico is a 50-50 State.
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.
A request can be made for modification of child support orders in New Mexico if there has been a material and substantial change in circumstances. Generally, that means the current Order has been in place for one year and the new calculation is 20% higher or lower than the current amount of support.
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.
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.
