All parents have the legal right to make decisions about their children, referred to as child custody. In certain situations, courts may issue custody orders that provide direction about the responsibilities of each of the parents related to the children.
Most jurisdictions and courts favor joint custody, as this allows the parents more decision freedom, as well as preserves the child’s relationship with both of their parents. In some situations, one of the parents will receive more decision making rights.
This parent is referred to as the custodial parent. The child’s other parent will be referred to as the noncustodial parent.
The child’s custodial parent is the parent who will be responsible for the day-to-day care of the child as well as for making decisions about the child’s:
- Religious indoctrination
- Education
- Healthcare
- Other important decisions
The parent who is named the noncustodial parent is typically awarded visitation rights. This parent is often required to make child support payments to the custodial parent to help care for the child.
An unmarried father of a child can establish paternity, which will give them the same legal rights over the child as a married father. Paternity can be established in different ways, such as by putting the father’s name on the birth certificate at the time of birth or by completing a voluntary acknowledgement of paternity.
Establishing paternity gives an unmarried father the right to petition a court for visitation and custody rights. When a court makes any type of legal decision involving a child, it will follow the child’s best interest standard.
This standard provides that what is in the best interests of the child will always be done, even when that conflicts with the wants or desires of the child’s parents.
What Are the Rights of Unmarried Fathers in New Mexico?
An unmarried biological father will have differing legal rights depending on their classification as a father, which may be a:
- Putative father
- Presumed father
- Unmarried father
Putative father
An alleged, or putative father, is an individual who claims that he is the child’s biological father but has not yet established his paternity.
Presumed father
A presumed father is an individual who is believed to likely be the father of a child based on certain specific factors, such as:
- The father was presumed to be the child’s father and acknowledged paternity of the child
- The individual was the husband of a marriage, and a child was born during divorce proceedings or shortly after
- The individual treated the child as though the child was his own, including raising it in his home
Unmarried father
Under the law, unmarried fathers are typically treated differently than married fathers. Unmarried fathers are usually defined as a biological parent who was not married at the time the child was born.
Once an unmarried father has been legally established as a child’s father, they will be required to fulfill all legal obligations related to caring for their child, which may include paying child support. If the child’s mother can demonstrate that the father poses a serious risk of harm, a court may give sole custody to the mother or order supervised visitation for the father.
If an unmarried parent who resides in New Mexico has any questions regarding their status as a legal parent, they should reach out to a local attorney in New Mexico for a legal consultation.
Can a Mother Keep a Child Away from the Father in New Mexico?
Generally, mothers will not be able to keep fathers away from their children unless it has been established that the father is an unfit parent. The law provides fathers who have established paternity with legal rights to participate in the lives of their children, including visitation and custody rights.
As discussed above, mothers can only typically keep children away from their fathers if the father is found to be an unfit parent. This may occur because of issues such as instances of physical abuse or substance abuse.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
Every state has different child custody laws for unmarried parents. Because of this, it is essential for an unmarried parent to consult with an attorney to determine the details of the exact laws that will apply in their case.
However, as noted above, the majority of courts prefer that the parents have joint custody when possible. In cases where one parent is named a custodial parent and the other a noncustodial parent, the noncustodial parent is usually awarded some type of visitation rights.
If there is an issue about paternity in the case, the father can petition a family court to have their paternity established. If the father completes the steps discussed above, this will not be necessary.
If it is necessary, a court can order a DNA test to be performed to establish paternity. Once this is completed, the parties may be able to avoid a custody battle by compromising and drafting their own unique custody agreement to fit their unique situation and lives.
If the parents can reach an agreement, their attorney will draft it and submit it to the court for approval. Once submitted to the court, it will be reviewed using the child’s best interests standard.
Whether or not the parties can reach an agreement, it is important that they both have legal representation. Their lawyers will ensure their rights are protected while also advising them of any consequences of the child custody decisions they may be able to make.
What Are Some Other Issues That Unmarried Parents May Experience?
Unmarried parents may also face additional issues to paternity and custody issues. Taxes are one issue that unmarried parents have to handle.
Only one of the unmarried parents is allowed to claim the child on their income taxes every year. This can be handled in several ways, depending on how many children there are.
For example, if there are two children, each parent can claim one child each year. If there is only one child, the parents can alternate years.
There may also be tax considerations related to child support payments. Child support is not taxed as income on the recipient’s taxes, and the paying parent is not permitted to deduct payments from their income taxes. There are also other tax issues related to child support. These payments are not taxed as
Child support is another common issue in custody cases. The parent who is named as the custodial parent has the right to receive child support from the noncustodial parent to help raise and care for expenses related to raising the child.
Do I Need an Attorney for Child Custody Between Unmarried Parents?
You could be an unmarried parent in the State of New Mexico and may have questions or concerns related to child custody issues. In this case, it is essential to consult with a New Mexico child custody lawyer. It is important to keep in mind that your child’s best interests will always take precedence over yours.
Your lawyer will be able to explain the laws that will apply to your New Mexico case, how the court may rule, and ensure your rights are protected throughout the process. LegalMatch provides you with a database of pre-screened attorneys who can help.
Just submit your concern at no cost on the website and within about 24 hours, you will receive responses from attorneys in your area who are ready to start working on your case. Having legal representation will give you the peace of mind that your case is being handled as efficiently as possible and you will be able to obtain the best possible outcome.
