Child Custody & Time-Sharing

Holiday Travel Often Leads to Child Custody and Time-Sharing Disputes

Travel with the children can, in the absence of a parenting plan that deals with the issue of travel, cause conflict between the parents.  The potential for conflict associated with travel with the children is especially high during the holidays. There are a number of things to keep in mind in planning for your holiday…

Violation of Child Custody During the Holidays has Serious Consequences

Child custody disputes get pretty heated during the holidays.  For whatever reason, the holidays bring out the worst in some with respect to the kids. Many times one of the parties will try to change up the parenting plan and holiday time-sharing without the agreement of the other party.  Other times, one or both parties…

Grandparent Visitation in New Mexico Dictated by Best Interests of Child

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…

Drug Use and Child Custody: An Inadvisable Mix

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…

Right to Counsel in Termination of Parental Rights Proceedings

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…

Termination of Parental Rights and Duty of Tribal Enrollment

The New Mexico Court of Appeals case of State ex rel. Children, Youth & Families Dep‘t v. Marsalee P. concerns an important issue of the termination of parental rights under the Indian Child Welfare Act (ICWA) and the New Mexico‘s Abuse and Neglect Act. In short, when a defendant and her children are eligible for…

Changing the Parenting Plan in New Mexico

Parenting Plans set out all the essential terms of custody, time-sharing and child support following a divorce. There are many big issues such as custody and support. There are also smaller, though equally important, issues such as schools, religious preferences, vacations, recreational activities, school activities, and all the other issues surrounding raising a child. This…

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