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Child Custody

Albuquerque Child Custody Attorney

Protecting the Rights of Parents & Children of Albuquerque, New Mexico Since 1996

Enlisting the help of experienced Albuquerque child custody lawyers can help minimize the impact the divorce and custody arrangements has on your children.

Divorce can be an unsettling experience for you and your family as everyone adjusts to a new lifestyle.

With so many options available in child custody matters, our attorneys fight aggressively to ensure that the outcome is suited to your child's best interests - we can even help grandparents that are seeking custody rights.

As a result of the divorce, your children can feel a great deal of anxiety as their relationship with their parents is on the verge of changing.

Our firm at Cortez & Hoskovec, LLC has over 40 years of legal experience helping many clients find favorable child custody agreements through mediation and through the Albuquerque court.

When Can a Child Decide Which Parent to Live With in New Mexico?

A child can decide which parent to live with within New Mexico at 14 years old. After that, a judge considers the child's wishes more seriously and can pick which parent they would rather live by at that age.

How Do You Get Full Custody Of Your Child In New Mexico?

If parents cannot agree on all aspects of their parenting plan, then the judge will ask that each parent individually submits a parenting plan for reviewal.

It is possible for the court to accept one of these proposed plans, or the court may create a plan if a new plan will be better suited to the child's best interests.

To arrange a legal consultation with one of our Albuquerque family law lawyers, call (505) 544-5126.

Forms of Child Custody in New Mexico

New Mexico shares commonalities with many other states in deciding legal and physical custody.

Parents can be awarded joint or sole custody, depending on the factors.

For example, when one parent has sole custody, the other parent may be awarded visitation rights, which can allow for the parent and child's relationship to grow and continue developing.

There are forms of legal and physical custody:

  • Joint custody means that you and your ex-spouse work together to make decisions regarding and potential major changes in your children’s lives.
  • Sole custody is award to one parent who is able to make changes in their children’s lives without consulting the other parent.
  • Shared custody is where the children spend time living at both parent’s residences. This form of custody does require cooperation from both parents.
  • Primary custody means the children primarily reside with one parent. While many parents what primary custody, the children’s best interest should be pursued.

New Mexico Child Relocation Laws

Relocation requests in New Mexico are very difficult to obtain for a variety of reasons and, when granted, only with great hesitancy by the courts.

The judiciary in NM, as aided by psychological experts, has determined that a child’s interests are best served when the two parents reside in close proximity to each other.

Proximity enables the child to spend time with each parent on a frequent and consistent basis and avoids making the child travel between great distances such as across state or international boundaries.

Additionally, the court’s inclination against relocations generally ensures the child remains with the same schools, churches, activities and family units that have always been in place for that child.

On rare occasion, relocation requests are met with favor.

Easily granted relocation requests often include military orders, a new and secure job, or a new and secure spouse. Additionally, relocations are often granted when one parent is, to an extent, more uninvolved in the child’s life than another.

If you do wish to relocate, it's important to follow these steps:

  • Establish yourself as the primary parent
  • Plan well in advance and start establishing the second home and career in the desired relocation area
  • Keep your criminal record very clean
  • Ensure your reasons for relocating are extremely compelling

If these proper measures are put into place, it will go a long in establishing your case. Finally, relocation requests will never be granted without legal counsel, which is why it's imperative that you speak with an Albuquerque child custody lawyer!

Honest & Aggressive Legal Representation

When your relationship with your children is hanging in the balance, you can turn the Albuquerque family law attorneys at Cortez & Hoskovec, LLC. We are committed to working with our clients throughout every step of the custody process.

Our team can operate based on your best interest and the best interest of your children.

At our law firm, we are focused strictly on family law and can bring our exclusive experience to your child custody case.

If you have any questions about child custody legal representation, contact our office in Albuquerque, NM at (505) 544-5126!


  • I will forever point everyone I care about to Michelle Cortez because I know her team WILL make your version of impossible, possible.

    “I've never experienced a more loyal, caring, and professionally aggressive law firm. Michelle Cortez did God's work that's for sure. I will forever point everyone I care about to Michelle Cortez because I know her team WILL make your version of impossible, possible.”

  • Very happy with my choice in hiring this firm!

    “Very responsive and supportive office! Michelle helped me reach a settlement on my divorce in less than 6 months. Very happy with my choice in hiring this firm!”

  • You are simply the best, Pam!

    “Excellent job in representing me, I couldn't be more pleased! You are simply the best, Pam!”

  • It was great working with you, William!

    “It was great working with you, William!”

  • After talking to you there was hope for me.

    “Michelle, thank you so much for the advice you gave me. Thank you again so much, that day I felt I was lost and I was going to lose my son. After talking to you there was hope for me. I am glad there some good people out there.”