Legal Question in Family Law in New Mexico

What happens to the custody of a child between the time a petition for temporary custody is filed and the hearing?


Asked on 5/16/14, 10:24 am

1 Answer from Attorneys

George Chandler Chandler Law of Los Alamos

You're not giving enough information. What are the existing custody arrangements - is there a parenting plan in place? where is the child now? what are the circumstances of the parents or other parties seeking custody?

In prinicple if some plan was in place and the petition seeks to change it, the existing plan rules for the time being. If no plan exists, whatever the status quo is should be maintained until the court hears the petition. if the child is in danger of some kind then CYFD should be informed. If there is no emergency, the court will expect the parties to the temporary custody petition to make some reasonable accommodations that preserve the status quo while allowing each to maintain their relationships with the child. If you believe the court should intervene immediately then you can file an emergency motion for the court to make immediate arrangements.

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Answered on 5/18/14, 1:12 pm


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