New Mexico Custody
Secondary MENU

New Mexico Custody

Child custody is simple once you understand how the New Mexico custody system works.

And that's unfortunate, because what the politicians in Santa Fe tell you about child custody in New Mexico isn't always the case.

The custody system isn't as fair as they want you to believe.

If you look at child custody guidelines, there will be references to "primary caretaker" and "more qualified" parent.

What's not listed in any of the official guidelines are all the intangible criteria actually used to determine child custody in the real world.

If you and your spouse are unable to establish a child custody arrangement, then the state of New Mexico decides where your children live.

The determination of child custody begins with the filing of a motion at your local county family law courthouse.

Eventually, the county will assign a New Mexico custody evaluator to meet with all the parties involved; including the school, doctors, etc.

The county then conducts an evaluation to determine which of you will be the best parent for your children.

This all begins with an evaluation done by an assigned custody evaluator.

You'll also likely be subjected to a psychological profile and at the end of this process, the custody evaluator writes a report and submits it to family court.

The completed evaluation report will be sent to you.

Most people believe custody is determined by the judge, when in fact custody is determined by an evaluator, not the judge.

The evaluators report is simply read by the judge who rubber stamps it, because they know very little about you, your spouse, your children, or your family setting.

The evaluator on the other hand has conducted extensive research and issues a report, so there's no way the judge is going to overrule the evaluators recommendation.

In a highly contested dispute, a judge will sometimes order a guardian ad litem to protect the children's interests during a custody evaluation.

This person will not decide custody, but will act as a advocate of the children to ensure the children's interests are protected while the parents argue about custody.

The guardian ad litem can be a lawyer or social worker as long as they are approved by the court and there are private guardians along with public ones employed by your local New Mexico county.

A private guardian ad litem will charge from $50 per hour to upwards of $400, as opposed to a public guardian who generally charge much less..

Typically each spouse shares the cost of the guardian.

If the cost of a guardian ad litem is an issue for you, one can be provided free of change.

If you want your New Mexico custody case executed properly, Matt O'Connell's divorce guide is the ultimate resource for you. Matt O'Connell is the leading expert on the Internet and has been providing divorce advice in New Mexico since 2005.

In his guide, he details the entire divorce process and common pitfalls. Even if you're using a attorney, his advice will still save you thousands and get you a better result.

Matt is the leading expert on the Internet and has been providing divorce advice since 2005.

In his guide, he details the entire divorce process and common pitfalls.

Even if you're using a attorney, his advice will still save you thousands and get you a better result.

So Click Here to give Matt's advice a try.