Legal Question in Family Law in New Mexico

Re: costody hearing

There are a few things going on here that you may want to consider. First, the judge is correct, generally, about the change of circumstances thing; however, depending on how old the prior visitation order is can have an effect on whether a new one should be put in place. Second, you generally have 10 days to file a motion for reconsideration and give a shot at explaining to the judge that the judge perhaps didn't look at the evidence the right way or that there is something else that existed at the time you went to court before that was somehow overlooked. Generally, reconsideration motions are not successful but they can be worth trying. Third, (and you do not address this in your note) I would want to know what attempts at settling this matter outside of court you and your ex tried. If the answer is very little to none and I was the judge I might find against you also. Parenting (visitation) plans work best when mom and dad work them out together. You can work it out together with a lawyer or a mediator. Depending on what city you live in will generally define how much mediation you have available but, there are plenty of ways to get a mediator. Judges who are dealing with family law matters want to see that people have tried to work out the problem before they come to court. Where you are at right now, i.e., with an order that says no increased visitation, is forcing your hand. You cannot get what you want by going to court so try to find a mediator in your town or city. Last, just because the 11 year old wants something does not mean that he gets to have the controlling say in getting it. What the 11 year old wants is to be a kid; not make decisions about which parent to visit more . . . . or less. Parents tell the children what they are going to do; children don't get to tell the parents. The judge was right to say that the 11 year old does not get to choose. Even when he turns 14 he can only tell the judge what he would like; what the child wants is still not controlling.

I hope this helps and Good Luck.