After a petition for dissolution of marriage is filed, the court will issue a temporary domestic order. This order gives the parties general instructions about how to interact with each other, as well as how to deal with their finances, children, and property until the divorce is final. In addition, at this point in the proceedings, either party can ask the court to provide temporary relief.
If you have children and are involved in or contemplating dissolution of your marriage, you are likely very concerned about how your relationship with your children will be impacted. We are often asked questions about how custody arrangements work in New Mexico. This article will explain the general concept of custody and will distinguish between legal custody and timeshare, sometimes known as physical custody.
In a proceeding for dissolution of marriage or legal separation, there is sometimes hostility between the parents. Fortunately, New Mexico has programs in place to ease this heavy burden on the state’s children. The safe exchange and supervised visitation program supports the relationships of children and their parents, with a focus on protecting the best interests of the child.
Service in the armed services, particularly during this time of overseas deployments, puts a particular strain on families. For families that have been fractured by a dissolution of marriage, the impact of active military deployment on child custody and visitation can be especially difficult. Fortunately, many states, including New Mexico, have adopted laws that help courts deal with issues of deployment and child custody.
Dissolution of a marriage is normally a contentious matter that frequently involves parties who are at serious odds with one another. Unfortunately, when children are involved, their interests are sometimes lost in the acrimony. Fortunately, however, the courts bring children’s interest to the forefront. The main thing that affects children in a dissolution is where they will live after the matter is final. Each parent may be awarded what is known as joint custody, or one of the parents may be awarded custody and the other given visitation rights.
When a child is born to a married husband and wife, the father is presumed by law to be the father. This is also true of a birth that occurs within 300 days of the dissolution of a marriage or the death of the husband. A man who lives in the household of a child for two years and holds himself out to be the father is presumed to be the father, as well.