Understanding Common Law and Its Implications on Child Custody in New Mexico

When two people decide to divorce in New Mexico, the first that might come to mind is the division of property and assets accumulated during the marriage. However, the custody of children is equally important. In fact, it is a vital issue that affects everyone involved. Although immigration issues and the division of property often take up the most time, child custody is still a very significant part of any divorce that happens in New Mexico. That is true even when the parties get along reasonably well. Even when divorcing couples can agree to the division of property, they often face challenges when working out child custody. Unfortunately, that often leads to legal battles over each parent’s custodial rights. The issue of common law parenting and child custody can be confusing. To understand this, consider the general terms of common law. Common law is often associated with laws developed by judges. It can also be defined as the law of the land. Essentially, common law is a group of legal principles and rules that exist outside of legislation (laws made by Congress) and constitutional law (laws made by legislatures). Common law is established based on judges’ rulings regarding certain issues. In fact, some people define common law as “judge-made law.” While common law can involve a wide variety of legal issues, it is most often associated with family law. For example, if a judge determines that personal property is to be distributed evenly between two parties, it is a common law decision. However, a judge might decide that, regardless of an even distribution of property and assets, one party is to keep the family home because he or she has primary custody of two children. How does New Mexico fit into all of this? Does the state follow common law related to post-divorce parenting and custody matters? In simple terms, yes, New Mexico operates under judge-made law. This means that, while federal and state laws do apply, judges have a considerable amount of discretion in family law matters, such as child custody disputes. The question is, when is it necessary to get a judge involved in a common law custody case in New Mexico? The short answer is that it is not always necessary. Sometimes, parents can avoid a custody battle by agreeing to an arrangement that works for everyone involved. However, other times, it does become necessary. When such a matter reaches a courtroom in New Mexico, it is important to find an experienced attorney to represent you. Given the nature of adaptations in common law rulings, a judge is often given a great deal of leeway in determining a final outcome. In other words, while one judge might favor a shared parenting arrangement because it is in the child’s best interest, another judge might arrive at a different conclusion. That can make a significant impact in some custody cases. Since a judge in New Mexico has considerable discretion when making a final ruling in a divorce and child custody matter, it is vital to work with a skilled attorney to make sure that your rights are not violated. Remember, the state is a common law jurisdiction that views custody in an objective way that considers what is best for the child or children. Fortunately, this common law framework and its inherent focus on what is in the child’s best interest can be beneficial to divorced parents who want shared parenting rights. This can also assist in easing the minds of parents who fear that strict adherence to the letter of the law will not benefit them. Understanding the potential legal process that might take place if a common law parenting dispute must go to court can be both empowering and comforting. In general, the legal process in a New Mexico child custody or parenting dispute might look something like this: While there are many legal nuances that an experienced attorney can help navigate, it might be comforting to know that New Mexico courts typically favor the best interest of the child. That is why it is important to examine the law closely and even use common law directions in order to come to an agreeable conclusion with your spouse. At the end of the day, family law issues, especially those concerning child custody, are some of the most stressful and painful situations for many people. Knowledge of the law can empower individuals to overcome these remaining hurdles, which can lead to a more amicable solution.