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Sole Or Joint Custody in New Mexico

Sole Or Joint Custody in New Mexico and how to determine the best option for the children

When a couple goes through divorce there are many issues to resolve. Often the hardest issue of all is child custody. Below are some of the most frequently asked questions about sole or joint custody in a divorce.

How does a New Mexico law define the difference between sole custody and joint custody?

This is fairly straightforward. In joint custody both parents would communicate on all decisions made for the child (where they live, their healthcare, their education etc.) with the best interest of the child in mind.

With sole custody one parent has the sole responsibility (and right) to make all decisions about that child without consulting the other parent.

Joint custody is the presumption in New Mexico. What this means is that unless there is evidence that sole custody is in the best interests of the child, the court will award joint custody.

What is the difference between joint and sole custody and physical custody?

Joint and sole custody pertain to decision making for the child. Physical custody and visitation are a completely separate issue.

What factors influence a ruling for sole custody?

The Court normally will look to see which parent has been involved primarily with raising the child. The court will also consider other factors such as any history of domestic violence, anger, or drug and alcohol abuse.

Can a father be awarded sole custody?

Absolutely. It has to do with how much you have been involved up to this point, and what the court sees as serving the best interests of the child.


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