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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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Child Custody and Older Children: “Best Interests of the Child” Remains the Standard

February 17, 2011, by Collins & Collins, P.C.

There is a perception that when a divorce or other contested child custody situation, the children involved can automatically decide which parent they would like to live with if they are 14 years or older. This perception may not be entirely accurate, as the court will take into account many factors beyond the desires of […]

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Play Nice. The Kids are Watching!

February 1, 2011, by Collins & Collins, P.C.

New Mexico parents involved in a divorce or child custody dispute should pay attention to the results of a recent study from the University of Toronto. The study shows the long term affects that divorce can have on children. The research, which was published by the Journal Psychiatry Research, showed that adults from divorced families […]

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Visitation for Extended Family Only If In Best Interests of Child

January 13, 2011, by Collins & Collins, P.C.

When parents get divorced, or break up, and a child custody dispute ensues over their child, there may be people in the child‘s life, such as grandparents, aunts, uncles or stepparents who want to protect their relationship with the child. In New Mexico, these extended family members do not have rights to custody, however, they […]

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Whether Civil or Criminal, Domestic Violence Finding Has Severe Consequences

December 22, 2010, by Collins & Collins, P.C.

It is the unfortunate truth that divorce and child custody disputes can often lead to charges of domestic violence by or against either party. In New Mexico, a single incident of reported domestic violence can result in criminal domestic violence and/or a civil domestic abuse case, either of which have serious consequences for the accused […]

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The Child‘s Response to Parental Alienation

September 23, 2010, by Collins & Collins, P.C.

When a relationship breaks up, the anger and sadness between the parties can prevent them from protecting the most vulnerable parties to a divorce or child custody action- the children. No matter where you live in New Mexico or the United States, the focus in a custody dispute needs to remain on determining what is […]

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Leaving the State

September 7, 2010, by Collins & Collins, P.C.

One issue that can complicate any child custody arrangement is one parent‘s decision to leave New Mexico and their desire to take their child with them. While the court cannot prevent a parent from moving, it can prevent the parent from taking a child with them. If the parent wants to move prior to a […]

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Parental Alienation: A Serious and Growing Problem in Family Law Cases

August 31, 2010, by Collins & Collins, P.C.

Some of the issues facing parents involved in a divorce or paternity action involving child custody are not specific to New Mexico, but occur all over the United States. One such issue, which has become increasingly recognized by family law courts during the last 20 years, is the concept of parental alienation. Parental alienation is […]

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Custodial Interference in New Mexico Divorce & Family Law Cases

August 5, 2010, by clawadmin

What happens if parties to a divorce or paternity case have gone through all of the mediation and court hearings required to reach a parenting plan that establishes child custody, but one parent just won’t comply with the Court’s order? In New Mexico, the non-complaint party may be charged with the crimes of custodial interference or unlawful interference with custody. These […]

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Child Support for Sperm Donors?

June 9, 2010, by Collins & Collins, P.C.

During the past few decades, there have been numerous advances in medical research regarding fertility. These advances are often a blessing for people who have been unable to have children, but they can also create complications for the family law courts. For example, can sperm donors be required to pay child support for the children […]

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Albuquerque Divorce Lawyer Blog