They say it takes a village to raise a child, and that is especially true when you and your child’s other parent are splitting up.
You and your child need extra support as you adjust to your new normal. Family and friends can lend a hand if you need someone to babysit, transport your kid between homes, or help you move, but that may not be enough.
Many newly single people in the Albuquerque area find that it is also necessary to hire professionals like therapists, financial planners, and attorneys to help them navigate the difficult transition from coupled to co-parenting.
How Matteucci Family Law Can Help
At Matteucci Family Law, we counsel many parents who need backup as they work to secure their parental rights, develop a positive co-parenting relationship with the other parent, and most importantly, ensure their child is well cared for.
Understanding Your Parental Rights
Bringing a child into this world changes the trajectory of your entire life in profound and unexpected ways. Every decision you make — big or small — carries extra weight as you consider the impact it may have on your child.
The awesome responsibilities you shoulder are thrown into stark relief when you split up with your child’s other parent. It becomes even more clear how dramatically the choices you make can shape your child’s values, behaviors, and overall outlook on life. And it highlights how precious the time you spend with them truly is.
New Mexico policymakers understand this, which is why our state’s child custody laws emphasize the importance of both parents playing a role in their child’s life. NM Stat § 40-4-9.1 (2021), actually includes a presumption that joint legal custody should be awarded (unless one parent is completely unfit for the job because of addiction, abuse, or mental illness), and both parents be tasked with working together to make certain their child’s needs are met. The law specifies that:
- (1) each parent shall have significant, well-defined periods of responsibility for the child;
- (2) each parent shall have, and be allowed and expected to carry out, responsibility for the child’s financial, physical, emotional, and developmental needs during that parent’s periods of responsibility; and
- (3) the parents shall consult with each other on major decisions involving the child before implementing those decisions.
This language ensures that all parents who have the capacity to be involved with their child’s life have the right to do so. Obtaining legal recognition of the important role you play in your child’s life is something you may never have expected to need, but it is something the Matteucci Family Law team can help you get.
Negotiating a Custody Agreement & Parenting Plan
It does not matter if you were married to your child’s other parent or not, or you are going through the world’s most amicable divorce, you need to have a formal child custody agreement and parenting plan in place to protect your children and your relationship with them.
These documents serve as the foundation of your co-parenting relationship by getting into the nitty gritty details on physical custody, and outlining how you will tackle shared legal custody.
- Physical custody is how much time you get to spend with your child.
- Legal custody is your right to have a say in your child’s religion, education, child care, recreational activities, and medical and dental care.
Your parenting plan should include specific details about how much time your child will spend with each parent, where the child will spend various holidays, how they will travel between houses, and how flexible you should be when a special event or emergency pops up and you wish to deviate from the typical custody schedule.
Beyond that, your parenting plan can include whatever you feel is appropriate. Most families choose to include:
- Educational plans including listing the schools the child will attend or already attend.
- Statements about religious, cultural, or family values one or both parents want to ensure are respected.
- Guidelines to follow when decisions about the child’s health must be made.
- Information about how the child can communicate with either parent, and how the parents will communicate with one another.
- A plan for resolving disputes.
Putting in the work necessary to flesh out these issues early on lays the groundwork for a positive co-parenting experience. The Matteucci Law team can draft the language that reflects whatever you and your former partner agree to, and let you know if there are other issues you may want to discuss before seeking court approval.
Resolving Disputes
While you and your former partner both want what is best for your child, you will at times disagree about what exactly that means.
If your dispute gets heated, you may choose to bring in an experienced family law attorney like Bob Matteucci. Bob can act as a neutral third party, and help you find common ground. Or help you take legal action to protect yourself or your child.
Whenever a dispute is resolved, you should consider updating your parenting plan to reflect your changed circumstances. Keeping things official helps protect your child’s welfare and prevents your former partner from later alleging that you deviated from your child custody agreement or neglected your parenting duties.
Enforcing Court Orders
It is crucial for both parents to adhere to the terms outlined in the court-approved child custody agreement and parenting plan. If your child’s other parent is not complying with the terms of your co-parenting agreements, Attorney Bob Matteucci can help you take legal action to protect your child.
Serving Families with Dignity & Compassion
An attorney is an invaluable addition to your support team when you are figuring out how to co-parent with your former partner. Whether you are negotiating your child custody agreement, drafting or updating a parenting plan, or resolving an unexpected dispute, Attorney Bob Matteucci will have your back.
Bob is a seasoned family law attorney who understands the challenges you are facing, and is ready to help you use New Mexico’s co-parenting laws to secure your parental rights and protect yourself and your children.
Contact the Matteucci Family Law Firm today to set up a meeting and discuss your case.