{"id":2694,"date":"2022-03-15T16:44:36","date_gmt":"2022-03-15T16:44:36","guid":{"rendered":"https:\/\/sutherlandfamilylaw.com\/?p=2694"},"modified":"2022-04-06T14:31:19","modified_gmt":"2022-04-06T14:31:19","slug":"preparing-for-a-custody-hearing","status":"publish","type":"post","link":"https:\/\/sutherlandfamilylaw.com\/preparing-for-a-custody-hearing\/","title":{"rendered":"Preparing for a Custody Hearing"},"content":{"rendered":"
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A custody hearing can bring up feelings of fear and uncertainty. We understand. The impact on you, your children, and your family is very real. Sometimes, it’s helpful to know what to expect, so that you can be well-prepared for what comes next.<\/p>\n

What we’ve shared here is not exhaustive, and we highly recommend talking to a qualified lawyer prior to your hearing.<\/p>\n

Custody Disputes in New Mexico<\/b><\/p>\n

The first thing to know is what New Mexico child custody laws are. In our state, New Mexico law assumes <\/span><\/a>that joint custody is best for children. Joint custody means that both parents make legal decisions, spend time with the children, and are involved with them. Joint custody DOES NOT necessarily mean equal time, where the children spend half their time with one parent and half their time with the other.<\/p>\n

It’s also helpful to know that New Mexico law divides child custody into two areas: legal and physical custody. Legal custody refers to the right and responsibility of every parent to make decisions regarding the child\u2019<\/span>s health, education, religion, and upbringing, regardless of which parent has physical custody of the child. Removing legal custody from a parent is a radical step and is rarely done.<\/p>\n

Physical custody refers to the time each parent spends with the child. With sole custody, one parent is given complete custody of the child, and the other parent has visitation rights. The judge will examine the environment of each living situation to determine whether and how physical custody will be shared.<\/p>\n

What Do I Bring to Court?<\/b><\/p>\n

Your lawyer can best advise you about what documents to bring to your custody hearing<\/span><\/a> and whether your personal records are admissible in court.<\/p>\n

They might ask you to bring some specific documentation, such as proof of child support payments, a visitation log,\u00a0 your child’s records (like report cards or doctor’s reports\/immunization records). You may also be asked to prepare a written statement about yourself, your situation, and what you are asking the court for. It’s also possible you’ll want to have a copy of your parenting plan in hand.<\/p>\n

Writing a Parenting Plan<\/b><\/p>\n

Each family has the right to draft its own custody arrangement, called a parenting plan. These plans are reviewed by the New Mexico family court.<\/p>\n

Your parenting plan should include at least the following (NMSA \u00a7 40-4-9.1F<\/span><\/a>):<\/p>\n