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Considerations Prior to Same-Sex Marriage in New Mexico

November 3, 2014, by Collins & Collins, P.C.

It has now been more than a year that the United States Supreme Court, in United States v. Winsor (June 26, 2013), held Section 3 of the Defense of Marriage Act (“DOMA”) unconstitutional and in effect paved the way for more and more states to legalize same-gender marriages and for the federal government to recognize […]

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The Process of Disposition of the Community Residence After a Divorce

September 2, 2014, by Collins & Collins, P.C.

Among the most contentious aspects of many New Mexico divorces is the disposition of the marital residence. There are numerous questions that will arise and with each question comes potential for conflict. There is frequently a dispute over who keeps the house. Just as frequently, this dispute is rendered moot because the parties (neither party) […]

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Joint Custody (Physical and Legal) and Child Custody Conflict in New Mexico

August 26, 2014, by Collins & Collins, P.C.

There is often a misconception about the meaning of joint custody.  There is confusion as to how joint custody affects time-sharing, child-custody and child support.  There is often further confusion between joint legal and joint physical custody.   Hopefully, we can clear a few of these up here. Joint Child Custody and Child Support New Mexico’s […]

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Child Custody, Time-Sharing, Secondhand Smoke and the “Best Interests” of the Child

October 21, 2013, by Collins & Collins, P.C.

For many years now, we‘ve been hearing about the harmful effects of secondhand smoke. But can secondhand smoke have effects on your child custody and time-sharing in New Mexico? It appears that more and more family court judges are taking this into account in custody and time-sharing decisions due to the potential harm to the […]

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Grandparent Visitation in New Mexico Dictated by Best Interests of Child

October 14, 2013, by Collins & Collins, P.C.

When divorce leads to custody battles, many grandparents may be wondering whether they‘ll be entitled to visitation with their grandchildren. And it‘s not just divorce that leads to questions of grandparents‘ rights to visitation. In certain cases, mere legal separation or paternity issues can leave a grandparent wondering whether they‘ll continue to have visitation privileges […]

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Drug Use and Child Custody: An Inadvisable Mix

October 11, 2013, by Collins & Collins, P.C.

Drug use can have very negative consequences on a parent‘s child custody and time-sharing. In case of the use of illegal drugs or the abuse of prescription medications, the New Mexico Courts will err on the side of protecting the child. This means there is very little sympathy or latitude for parents that use illegal […]

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Right to Counsel in Termination of Parental Rights Proceedings

October 8, 2013, by Collins & Collins, P.C.

The relationship between a parent and child is among the most closely protected rights. Termination of parental rights is severe and will not be entered into lightly in New Mexico. Because it is such a severe step, a parent has many rights throughout the proceedings. The question here is whether the parent has a right […]

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Financial Consequences of Divorce in Older Couples

October 3, 2013, by Collins & Collins, P.C.

For most of us, divorce isn‘t something we think about for older adults. Indeed, for many years, sociologists and economists didn‘t focus their research on middle-aged and elderly adults who sought divorces. However, in recent years, scholars have begun turning a closer eye toward divorce trends in these couples. Jay Lebow, a psychologist who works […]

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Divorce in Older Couples: Trends and Statistics

September 30, 2013, by Collins & Collins, P.C.

For many years, divorce rates for older adults haven‘t been a prime research area. Indeed, in a recent study, Susan L. Brown, a sociologist at Bowling Green State University, explained that until recent scholarly activity, there was a “paucity of research on later life divorce.” Even when certain research modules did study later-life divorce, those […]

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Termination of Parental Rights = Termination of New Mexico Child Support?

September 26, 2013, by Collins & Collins, P.C.

Termination of parental rights is a very drastic measure by the state. Termination of parental rights is a measure of last resort to protect a child. One question that comes up is whether termination of parental rights also terminates New Mexico child support obligations. The New Mexico Court of Appeals case of Aeda v. Aeda […]

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