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Albuquerque Visitation Disputes

Child Custody and Visitation/Timesharing Disputes

When it concerns family law issues such as child custody in Albuquerque, the default legal position in a case involving children is joint legal custody, in which each parent has equal authority over decisions to be made on behalf of their children.

Sometimes, however, perhaps because of neglect or abuse, one parent is ruled unfit by a court, and the other parent is awarded sole legal custody. In such cases, in which the children will live with one parent most of the time, parents and their lawyers or divorce lawyers must discuss the other parent’s rights of visitation.

Types of Visitation/Timesharing for New Mexico Parents

Different types of visitation include:

  • Scheduled visitation/timesharing, in which parents and/or courts decide which days and/or holidays the children will be with which parent.
  • Reasonable visitation/timesharing, in which parents work out a flexible arrangement for themselves.
  • Supervised visitation/timesharing, in which one parent is able to visit with the children but only in the presence of another suitable, agreed-upon adult.

Sometimes, if there is a history of abuse or neglect, no visitation/timesharing will be granted, and a parent will not be allowed to visit his or her children.

When Visitation/Timesharing Disputes May Occur

“Visitation” is what occurs when one of parents have sole legal custody. “Timesharing” is more common, and it is the schedule used by parents who share joint legal custody.

Also, it is important to note that not all custody disputes come from divorce. In many custody/child support cases, the parents were never married to one another.

Visitation/Timesharing disputes typically happen after the initial divorce decree, as time passes and new difficulties present themselves. Once children turn fourteen, they begin to gain autonomy and begin having desires independent of their parents—desires that need to be taken into account as well.

Protect Your Parental Rights Now

If you are involved in a visitation/timesharing dispute, and if one parent wishes to make a change in your existing arrangement, you will need an experienced divorce lawyer who can help you to:

  • Establish legal grounds for alternate visitation/timesharing
  • Draft and submit a petition for change of visitation/timesharing
  • Effectively represent your best interests and reasons for the change.

When a court is presented with a visitation/timesharing dispute, parents and their divorce lawyers need to show that a substantial material change of circumstances has (or has not) occurred justifying (or not justifying) a modification of the current Orders or “Status Quo.” Remember that the primary concern of the Court will always be the best interests of the children and not the desires or convenience of the parents.

Experienced divorce lawyers, such as the divorce lawyers of Cortez & Hoskovec, LLC can help identify and address concerns and present to the Judge exactly why changed visitation rights would or would not be in your children’s best interests.

If you are involved in a visitation/timesharing dispute, contact the divorce lawyers of Cortez & Hoskovec, LLC, today. We know how to help you to do what is best for you and for your children.

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