There are stringent rules that need to be followed when it comes to child custody, especially if you plan to relocate with your kids following a divorce. Before making any relocation plans, consult with your divorce lawyer about what needs to be followed. Here’s a brief introduction to the rules set by New Mexico about relocation that parents need to know.

What Are New Mexico's Rules for Relocating with Children, Post-Divorce?

In general, courts favor joint legal custody as serving the best interests of the child. Factors that could affect this include each parent's history with the child, the parents' ability to care for the child, willingness to cooperate, and the potential for any child abuse. If a custodial parent attempts to leave the state, it can throw a wrench into the process. Courts dislike having to make decisions that force a child to have a long-distance relationship with a parent and may forbid a custodial parent from leaving the state without agreement from the other parent.

How Does a Court Decide a Custodial Dispute of this Type?

The courts will first look for consent from the joint or non-custodial parent. Consent may either be expressed explicitly or implied. Implied consent occurs if the parent receives written notice and does not object to the relocation. Courts may permit relocation even without consent by the other parent if the custodial parent can show good faith reasons for the move, such as if relocating offers the following:

• Better financial prospects
• Closer family and child-care assistance
• A job offer
• Continuing education

The relocating parent must propose a visitation schedule that includes the time and place for the other parent to have the child. Lastly, the judge may also consider the wishes of any child over age 14 when determining custody.  The Judge will consider the child’s wishes, but does not have to follow them.  In the end, moving the child away from the other parent is very difficult.

If you need a lawyer to handle the dissolution of your marriage, contact Bristol Law Office for an experienced divorce attorney in Roswell, NM. Mr. Bristol has been practicing law for more than 30 years and serves clients throughout Chaves County. Visit their website to learn about their services or call (575) 625-5284 to arrange for a consultation with their lawyers.