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Child Custody Questions Answered

Child Custody Questions Answered

We receive many questions about child custody in divorce cases. These issues are very difficult for everyone. We hope it will help to have these child custody questions answered.

What happens if the court grants my ex permission to move to another state with my children?

First, you can appeal if you believe the judge has made a mistake, or you can request a reconsideration. In this instance, the judge reviews the decision or takes new testimony into account as to why the initial decision was not a good one.

What happens if neither parent is responsible?

The court can award custody (a guardianship) to the grandparents if both parents have problems, are irresponsible, drug-addicted, neglectful, or are not taking care of the child. The parent(s) can petition the court to review this if circumstances change.

What is parental alienation and how does the court handle it?

When the divorce has been particularly bitter or hard fought, it can happen that one or both parents use their children in the fight. This can manifest as communicating bad stories about the ex or other means to have the child believe the ex is bad and not want to see them. This is parental alienation and the court takes this activity very seriously.

If a spouse recognizes or suspects an ex is actively pursuing parental alienation, they can ask for a change in custody. Most likely, the court will have a professional child custody evaluator do an assessment of the parents and of the child or children. If the accusations are found to be true, the court could change custody arrangements.

When is it permissible for a child to choose which parent they wish to live with?

Once a child turns 14 the court may allow them to have a say. We all know it can be a challenge to make a teenager that age do something they do not want to do anyway!

Will the court award separate custody arrangements for siblings?

As the court usually decides based on what is best for the children, it is very rare for siblings to be split up. In an amicable divorce, with the spouses and their children in agreement to the arrangement, the court may agree, but they would not normally add the burden of splitting up siblings at the same time the children might be losing a parent.

Divorce is never easy and can be very painful to all parties. Adding children into the mix just makes it that much more difficult. Call us if you need professional advice at (505) 219-1309

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New Mexico Financial Law, PC

320 Gold Ave, SW
Suite 1401
Albuquerque, NM 87102

(505) 503-1637