Attorney
If you discovered that a business partner had committed fraud—or strongly suspect they might screw you over if given the chance—you would think twice before doing another deal with them. If you had no choice but to maintain that relationship, you’d put contract terms in place to protect yourself and your business.
Divorce and custody agreements work much the same way when one partner has a history of domestic violence or has threatened abuse. In the most serious situations, you can completely sever the relationship in order to protect your children. But with New Mexico’s child custody law favoring joint custody, you just might be stuck co-parenting with someone you believe could harm you or your children in the future.
Unfortunately, Attorney Bob Matteucci has seen this exact situation play out far too often. As a seasoned family law attorney, Bob knows domestic violence and other forms of abuse plague families in the Albuquerque area. And the only way out is through the family court system, which — ironically — does everything possible to ensure both parents can play a role in their child’s upbringing. Fortunately, there are legal steps victims can do to protect themselves and their children.
Custody and Domestic Violence in New Mexico
New Mexico law generally favors joint custody, especially joint legal custody where parents share decision-making responsibilities 50/50, even if physical custody (where the children live day-to-day) isn’t evenly divided. But domestic violence changes the landscape. If there’s evidence of past abuse, or a credible threat of future abuse, judges can be persuaded to:
- Grant primary physical custody to the non-abusive parent, and dramatically decrease the amount of time children spend with an abuser.
- Require all time spent with the abusive parent be supervised by a third party.
- Put conditions in place to protect the children and the other parent — like requiring all communication through a monitored app, prohibiting the consumption of alcohol or other substances while the children are present, or mandating that custody exchanges occur at a police station.
In short, if there are “red flags” about a parent’s behavior, the custody agreement can be structured to minimize risk.
When the risk of harm is too great to allow any contact, it may be wise to seek an Order of Protection. Commonly called restraining orders, these court orders forbid your abuser from hurting, threatening, or harassing you. The abuser will be forbidden to be in the physical proximity of you, your children, your place of work, or residence. If your abuser violates the Order, he or she may be arrested.
Serving Families with Dignity & Compassion
Just as you would never blindly enter into a business deal with someone who puts your business at risk, you shouldn’t be forced into a custody arrangement that puts your children or yourself in harm’s way. Courts in New Mexico recognize this, and when domestic violence is proven or credibly alleged, they can shape your custody agreements to protect you and your family.
If you or your children are victims of domestic violence, or fear you may be in the future, Attorney Bob Matteucci will do everything in his power to shield you from harm. You are not alone, and you shouldn’t have to continue living in fear. Please contact Bob today to set up a meeting.
You may also want to reach out to the New Mexico Coalition Against Domestic Violence for assistance and information at 1-800-799-SAFE (7233). If you are in immediate danger, please call 911.