Attorney
As the holiday dust settles and everyone heads back to work and school, many parents in the Albuquerque area look at their schedules and realize it’s time to make a change.
New jobs with different hours, expanded business obligations, relocations, or children who suddenly have entirely new academic, social, or extracurricular needs mean last year’s custody agreement doesn’t fit this year’s life.
When this happens, it’s time to reach out to an experienced family law attorney like Bob Matteucci who can help you and your child’s other parent update your child custody agreement.
When Life Changes, Parenting Plans Should Too
In theory, custody agreements and the parenting plans that accompany them are supposed to last until your child is an adult. The reality is many families in the Albuquerque area need to revise or completely overhaul their custody agreement at least once, and oftentimes more.
These are the most common reasons why Attorney Matteucci has seen New Mexico families request changes to their custody agreements:
New Work Commitments
A promotion, a growing business, or a new role can mean new hours, more travel, or shifting responsibilities. These changes can disrupt transitions, make weekday pickups unrealistic, or create gaps in care. Whether you or your child’s other parent is the one whose work schedule is changing, it is important to be proactive about finding a way to facilitate family time.
Relocations or New Living Situations
Maybe you’ve moved for work, or to be closer to your extended family. Maybe one parent has bought a new home across town. Even small geographic changes can affect school drop-offs and activity schedules. When longer moves are made, it becomes necessary to think about how your child will travel between homes.
Abuse or Other Inappropriate Parenting
If your child’s welfare is at risk, an immediate change is necessary. This is not something you need to hide or try to fix on your own. You owe it to your child to take legal steps to protect them from domestic abuse, drug or alcohol abuse, or neglect.
Teens Becoming… Teens
Teenagers are wonderful. But in many ways, parenting them is like parenting an entirely different child. Their academic load changes. Sports become more intense. Friend groups shift. They develop opinions about where they want to be and when. A plan that served your seven-year-old beautifully may make no sense for your fifteen-year-old. Adjusting to their evolving needs is both necessary and healthy.
A “Material and Substantial Change”
This list is by no means a complete accounting of every reason a child custody agreement can be modified. As long as you can demonstrate there has been a “material and substantial change” affecting your child, the court should be willing to modify your current child custody agreement.
Why You Shouldn’t “Just Work It Out” Informally
Many parents, especially those who have a positive relationship with their co-parent, are tempted to simply adjust their schedules as needed, without heading back to court. That works until it doesn’t. Informal agreements can create several problems:
1. They are not legally enforceable.
If one parent suddenly reverts to the old plan or disagrees with a change that’s been happening for months, the other parent has no legal footing to stand on.
2. It can backfire financially.
Significant changes to parenting schedules may mean child support payments should also be adjusted. This isn’t about nickel and diming the parent without primary physical custody, it’s about making sure your child has the resources they need no matter whose house they are living at.
3. It can cause confusion for schools and healthcare providers.
When the plan you are following doesn’t match the court order on file, institutions like schools and healthcare providers may try to force you to follow the official agreement.
4. It can create unnecessary risk in emergencies.
God-forbid something bad happens to your child while they are spending time with you. But if the worst happens, and the custody agreement says your co-parent is the one with the legal authority to decide how to react, your child’s life could hang in the balance. Don’t let red tape and legal hurdles put your kid in harm’s way.
If you and your co-parent have a good enough relationship that you are thinking about DIYing a new custody agreement, getting whatever you come up with approved by the courts should be a piece of cake. Don’t let your failure to get a piece of paper stamped by a judge end up hurting you or your child.
Serving Families with Dignity & Compassion
January is a natural moment for reflection, recalibration, and recommitment to what matters most. If your family’s routines or circumstances have shifted, and your current custody agreement isn’t serving you or your children well, it is time to change it.
Attorney Bob Matteucci can help you negotiate and seek court approval of a new custody agreement and parenting plan that ensures your children have the stability they deserve as the new year dawns. Contact Bob today to set up a meeting.