By Anthony Spratley – Family Law Attorney, Veteran, and Founder of Genus Law Group
You've probably seen the headlines: Post Malone and his ex-fiancée, Jamie Park, are in a legal battle over custody of their daughter. It's messy, emotional, and deeply personal. But here's the thing—while this case involves a global superstar, the issues at the heart of it are the same ones we see every day right here in New Mexico family courts.
As a family law attorney in Albuquerque, I've helped parents—moms and dads—navigate exactly these kinds of situations: where the future of your child hangs in the balance, and every decision feels heavy. So let's talk about what this high-profile custody case can teach us, and how it would play out under New Mexico law.
In Post Malone's case, he filed for custody in Utah—where he says the child has been living—while Jamie Park filed in California. Sound familiar? In New Mexico, we follow a rule called the 'home state' rule under the UCCJEA. It basically means the court that gets to handle the case is the one in the state where the child has lived for the last six months.
So if this child had been living in Santa Fe or Rio Rancho for six months, New Mexico would likely keep the case here. It doesn't matter where the parents are living or filing—what matters is where the child's life is actually rooted. Judges want consistency and stability.
What If Jamie Park Filed in New Mexico?
Jamie Park wants primary physical custody—which means the child lives with her most of the time. If she filed in NM, the court would look at one thing above all: what's best for the child.
We're not just looking at who earns more money or who travels more. The judge would dig into who's been taking the child to the doctor, helping with bedtime, handling daycare, and making sure that child feels safe and loved. That's the real backbone of custody decisions here.
Legal Strategy vs. Co-Parenting
Post Malone's decision to file in Utah may have been strategic—maybe to reduce child support exposure or gain home court advantage. But in New Mexico, judges are quick to sniff out when someone is playing games.
They want to see parents who are flexible, honest, and cooperative. If you're trying to cut the other parent out, or using your child to punish your ex, the court will see that—and it can backfire. We tell our clients: be the calm, steady parent. That wins the long game.
What About Child Support?
People always ask, 'If one parent is super wealthy, do they have to pay more?' In New Mexico, the answer is… maybe.
We use a guideline formula that tops out at $30,000 combined income per month. Beyond that, the judge can make adjustments, but only if it's reasonable and helps the child. So even if Post Malone filed here, he wouldn't be writing massive celebrity-sized checks just because he's famous.
We focus on what's fair—not what makes headlines.
Post Malone's been clear—he wants to keep his daughter's life private. And that's something New Mexico courts take seriously too. Family court records involving kids can often be sealed. Judges don't want children caught in the crossfire of social media or public spectacle.
Still, both parents have to be mindful. Oversharing on Instagram, bad-mouthing the other parent, or turning the case into a popularity contest? That only hurts the kids—and your credibility in court.
Here's what you can take away from all this:
- If your child lives in NM, file here before the other parent tries to take the case elsewhere.
- The judge cares more about bedtime routines than bank balances. Be the hands-on parent.
- Show the court you're here to co-parent—not compete.
- Keep your personal life off social media. Focus on your child, not your image.
Even if your life isn't splashed across TMZ, these same issues show up in every custody case—big or small.
Post Malone and Jamie Park are both trying to do what they think is best for their daughter. And that's what matters—no matter your name, job, or income.
If you're in New Mexico and facing a custody case, you don't have to do it alone. Whether you're trying to protect your child, get more time, or just keep things fair, we're here to help.
Call Genus Law Group at 505-317-4455.
Let's work together to protect what matters most—your kids.
