While divorcing with children tends to make the legal process a bit more complicated, it’s still possible to file for divorce on your own in this situation. If you choose to take the pro se approach to your divorce, meaning you’ll be without legal representation, we are here to help.
Different Types of Child Custody Arrangements
There are many different terms that describe different custody arrangements. Legal custody refers to the authority to make decisions on behalf of a child. These decisions often involve schooling, medical care, and other essential aspects of child-rearing. Legal custody is separate from physical custody, which refers to a child’s primary residence on a daily basis.
Additionally, sole custody means that one parent is primarily responsible for providing childcare, while joint custody means both parents share in these duties. When sole custody is awarded to one parent, the other parent, known as the non-custodial parent, will receive visitations rights.
How Custody Disputes Are Determined
All custody disputes in New Mexico are approached with the best interests of the child in mind. To make a determination, the court will look at a few factors. A parent’s ability to provide for materials needs, such as food, clothing, and shelter, will be assessed. The parent’s emotional ties to a child will also be considered, as will the mental and physical health of both parents.
In most cases, the court prefers to award joint custody whenever possible. This is because it’s believed that children benefit most from having a strong, loving relationship with both parents. Sole custody will be awarded when there are concerns about a child’s safety, or when it would be infeasible to share custody. This is usually the case when one parent lives a great distance from the other.
We’ll Help You Access Important Forms & Information
We have designed an easy-to-navigate process to help people with kids file for divorce. By answering questions online, we’ll be able to generate the proper forms for your situation. Along with documents that allow you to dissolve your marriage, you’ll also be privy to things like parenting plans and child support worksheets.
We also offer a wide range of resources, including the Divorce & Custody Guide designed for people representing themselves during a divorce. If you require further assistance, you can also arrange a consultation with an attorney.
You can start the divorce process today or read some commonly asked questions about divorce topics. If you decide that you’d rather secure legal representation, we can help you find a divorce lawyer in New Mexico.