LEGAL MORE 

In many cases JOINT LEGAL CUSTODY is not seen as a possibility for some parents. Many parents come into the mediation process believing that they will win sole legal custody of the children. It is VERY important to know that sole legal custody is difficult to get in New Mexico unless one of the following conditions exists.

The following is very debated topic between attorney’s, judges and other parties involved in the child custody issues.

It is currently the understanding of mediators that:

A person may be able to get Sole Legal Custody only if one parent voluntarily relinquishes [gives up] his or her legal custody rights to the other parent. This does not mean that they have no legal obligation to the child.

Please seek legal counsel on this point as it pertains to your case.

A person may be able to get Sole Legal Custody if one parent is proven to be unable to care for the child or is shown to be in some manner unable to make the major decision regarding the child.

Please seek legal counsel on this point as it pertains to your case.

The following is a brief description of both types of custodies.

SOLE LEGAL CUSTODY one parent shall maintain SOLE LEGAL CUSTODY of the child(ren).

"SOLE LEGAL CUSTODY" means that ONE parent shall have SOLE responsibility to make decisions pertaining to the child(ren)'s education, extracurricular activities, medical treatment, religious training, discipline and other matters relating to the upbringing and well-being of the child(ren).

It is understood that as SOLE custodian of their child(ren), they have NO duty to consult with each other.

JOINT LEGALCUSTODY Petitioner and Respondent shall share JOINT LEGAL CUSTODY of the child(ren).

Therefore, the parties shall share JOINT CUSTODY of the child(ren).

"JOINT CUSTODY" means that both parties shall have joint responsibility to make decisions pertaining to the child(ren)'s education, extracurricular activities, medical treatment, religious training, discipline and other matters relating to the upbringing and well-being of the child(ren).

It is understood by the parties that as joint custodians of their child(ren), they have an affirmative duty to consult with each other and keep each other advised of matters pertaining to the child(ren).

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