Did something like a domestic violence incident regarding your kids happen during a custody battle? Maybe your ex or someone is saying you use excessive discipline with them and now there's a CYFD investigation against you. A CYFD investigation oftentimes results in the other parent filing for a petition order of protection against you as it relates to the children.

How Domestic violence allegations can affect your custody agreement in New Mexico

 Hi, my name is attorney Anthony Spratley I am the owner and founder of Genus Law Group here in Albuquerque where we practice family law which includes domestic violence law throughout the state of New Mexico. When a case opens up against a household member when there's been an allegation of abuse or neglect you may find yourself in a situation where your current custody plan may have to change. If you have a 50/50 time-sharing schedule and then that order of protection is filed against you, typically what happens is the court is going to order that the 50/50 time-sharing temporarily stop. You're not going to be able to see your child in an unsupervised setting for a while. It could be weeks, or months until there's a hearing on the domestic violence order of protection. The reason why a domestic violence charge affects you and your custody agreement in New Mexico is the courts must take into consideration what they believe to be the “best interest of the child”. Some things you can expect with the supervised visits can include:

  • Paying for each visit.

  • The parent reports to a specific location for the visitation meeting. 

  • Having a court-ordered supervisor at the meeting the whole time.

  • The court ordered supervisor will be taking notes accordingly. 

  • The supervisor agencies have strict pick-up and drop-off rules established. 

These are all reasons you have to be careful while exercising your custody time-sharing agreement and not neglect or abuse your children because it could affect the time-sharing in your custody arrangements. If you are missing out on precious time with your child or you need help filing an order of protection against the other parent, the attorneys at Genus Law Group are experts in family law cases concerning custody, divorce, and domestic violence. You can call us today for a consultation at 1.505.317.4455 or if you would like more additional information about these topics, visit the library section of our website. 

Anthony Spratley
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Experienced Divorce, Child Custody, and Guardianship Lawyer Serving Albuquerque and Beyond