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The answer to this question will largely depend on the specific circumstances in each case. The State of New Mexico has specific rules and procedures when a custodial parent is relocating more than 50 miles away from their current location or out of state. In most cases, the custodial parent must have the consent of the other parent as well as the consent of the courts with 30 days of the move. New Mexico makes all of its relocation decisions based on whether or not it is in the child’s best interest. There are many cases that make it challenging to find a parent that has relocated without consent. In this instance, relying on the expertise of a family lawyer in Albuquerque will considerably increase your chances of finding a relocated parent and child as well as ensure that the court system sets a date for a hearing and subsequent decision. Below, you learn more about the relocation options available to custodial parents as well as circumstances that do not allow relocation.
When Is The Other Parent Allowed to Move With My Child?
The New Mexico family court system allows for many custodial parent relocations each year. Typically, if the other parent agrees to the move, the courts will oblige, as long as it is within the child’s best interest. When the custodial parents relocation is disputed by the other parent, judges will typically require that the custodial parent provide evidence that the move is necessary for the child as well as the parent. It should be noted that judges do not typically favor parents that have relocated without consent from the courts and/or other parent. In addition, fathers that have not had paternity proven and acknowledged by the courts do not have any legal rights and cannot stop a relocation.
Circumstances That Don’t Allow The Other Parent To Move
If it is not proven that the relocation is within the child’s best interest, the courts may deny the move or grant full custody to the other parent if requested. In addition, if there is already a parenting plan in place that outlines custodial timeshare rights, it will be even more difficult to relocate with a child. In many cases, your specific circumstances must be presented to the court in a manner that clearly explains the benefits of the move as well as the reasons why the child staying may negatively affect them. Professionals practicing family law in Albuquerque are typically adept in family law issues to include relocations and custody battles.
When Should I Work With a Family Lawyer?
If you are a custodial parent that is considering a move that you believe will be an overall benefit to the child or you are a non-custodial parent that is against the other parent relocating with your child, it is imperative to work with an adroit family lawyer in Albuquerque. Legal representation is typically needed with the relocation is disputed by the non-custodial parent. Since it is likely that the other parent will have legal representation, it’s necessary for you to protect yourself as well. If you are unsure, most lawyers offer a free consultation wherein they are able to tell you if and how they can help. Relocations involving children can be difficult situations, ensure that you have the appropriate representation when fighting for your child’s rights to spend time with both of their parents.
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This content is sponsored by Khalid Irfan.
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