In New Mexico, the courts will presume joint legal custody is in the best interest of the child(ren), but this presumption may be rebutted.  In Rio Rancho and Albuquerque, New Mexico, the legal standard used when crafting a child custody plan is the “best interest of the child.”

Divorce Proceedings and Child Custody

Once the divorce is finalized by the judge in the New Mexico courts and a parenting plan has been adopted, the parties are required to comply with the terms of the parenting plan.  If the parties can’t agree on terms of custody and visitation, the court may refer the case to a third-party for an evaluation. This can include a clinician or other professional making an inquiry into the family situation and determining what is in the children’s best interest. It may also include the use of experts to determine what is best for your kids.

During the custody proceedings, Attorney Edward W. Lovato will help you understand the issues related to child custody. We will inform and instruct you about the various options and procedures regarding the custody of your children.

Girl standing with mother, looking away

Gaining legal custody of the children

In New Mexico, joint legal custody is usually granted to both parents which requires them to make major decisions together. These decisions are related to residence, religion, recreation (extra-curriculars), education, and healthcare. However, legal custody can be given to a single parent if the judge finds that sole custody is in the best interests of the child.

What about physical custody of the child?

Lovato Law, P.C. will always ensure that the best interests of your child(ren) are pursued. Even if one parent is granted sole legal custody, the non-custodial parent is still usually entitlted to certain periods of visitation. The court may order supervised visitation if necessary or may put other restrictions on visitation depending on the circumstances. Each case is different and we will work with you to achieve the best results for your situation.

Why you should choose us?

At Lovato Law, P.C., we provide tailored legal solutions to meet each client’s specific needs.  Our experience has earned us a reputation as a proficient and effective family law  firm. Put your trust in us and see the results.