Podcast https://www.genuslawgrp.com/blog/ Protect Your Success Podcast en-us 2022 Genus Law Group, All Rights Reserved, Reproduced with Permission https://www.genuslawgrp.com/blog/ Mon, 07 Feb 2022 12:08:06 GMT Podcast https://www.genuslawgrp.com/images/logoprint.gif https://www.genuslawgrp.com/blog/ <![CDATA[What is an Ex Parte Motion In New Mexico?]]>Custody order, gavel, ex parte

Today I want to talk to you about ex parte custody orders. Orders like these are commonly issued in cases where there appears to be some sort of emergency related to a child or children. Oftentimes when one party wants to get custody of their child(ren) in an emergency situation, they will file a motion for ex parte custody order because they believe there is some imminent harm or danger that may come to the child because of the other parent or a guardian

Typically these cases involve alcohol or drug abuse. For example, an adult may drive a vehicle while they are intoxicated and get in an accident with a child(ren)in the car. This would be grounds for someone to file a motion for an ex parte custody order. In any case where there is  a concern regarding irreparable harm to the child(ren) this motion may be put in place.

What is an Ex Parte Motion In New Mexico?

Once a motion is filed, notice to the opposing party isn't required with regards to the court issuing an order or having a hearing to determine whether or not it is in the best interest of the child to change custody. Normally when someone files a motion in Family Law Court like to modify custody, notice must be provided to the other party first. However, ex parte motions are exceptions to this rule. Otherwise, once provided with notice the other party has the opportunity to respond, when they respond, the court sets a hearing on the matter. At the hearings both parties have the opportunity to present their case to the court on why custody should remain the same, otherwise known as the status quo, or be changed for the best interest of the child. That whole process provides notice to the defendant in this case to be prepared to defend the motion to modify time sharing, but that's not necessarily true for ex parte custody orders. In most cases there won't be the opportunity for the other party to respond mainly because the person filing the motion is not obligated to provide notice to the other party that they filed this motion for ex parte custody order. 

What does this mean? It means that if a child is in your custody and an official knocks on your door because there is an order placing the child in the care of someone else, you will have to turn over that child. Under the circumstances, courts issue ex parte custody orders without the respondents knowledge. 

However, there are certain processes to ensure that courts issue an ex parte custody order with due process for the defendant, which is the person that the child is being taken away from. The court is required after they issue that order to set a hearing. It is crucial that if the child is taken from you due to an ex parte order, that you check in with the court to find out when the court hearing is, which is usually within 10 days.  

Typically, the reason for filing a motion for ex parte custody order has to do with substance abuse and or neglect from the custodial parent. In cases like these, CYFD may get involved in and file an ex parte motion on behalf of the child. Additionally, courts have the authority to issue ex parte custody orders without an initial hearing. The courts do want to avail all parties proper due process to ensure that the best interest of the child(ren) are being met. 

If you are involved in a case where you think an ex parte custody order is crucial because you feel the child is in danger while in the care of a parent or guardian, with this information you will have a general understanding of how to proceed in the matter. 

How We Can Help

If you find yourself in an uncertain situation with regards to your custody agreement our experienced Albuquerque custody lawyers are here to help. Every family law case is different with its unique trials and tribulations, with the help of a professional you are more likely to obtain your desired outcome. You can contact us at (505) 317-4455 or chat with someone online to schedule an appointment to speak with an attorney.

 
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https://www.genuslawgrp.com/blog/how-to-file-an-ex-parte-motion-in-new-mexico.cfmwww.genuslawgrp.com-210103Thu, 03 Jun 2021 18:37:00 EST
<![CDATA[Including A Will In Your Estate Plan]]>Today I want to talk to you about why you should have a will as a component of your estate plan and how it should not be the primary document in your estate plan because that could lead to a costly mistake. As you are aware a will after you have it properly executed in front of witnesses with your signature constitutes a document that allows your primary representative to distribute your assets according to your wishes. In order for the personal representative to do that, they have to put your will through probate. Probate is a public process. Your will shall not be kept private at this point. The problem with just having a will as a part of your estate plan is that when it goes to probate, (because you need probate so that your personal representative can get documents so they can legally transfer assets or property from your name to the beneficiaries) is that someone can contest the probate process. When this happens the process can become costly. You can hire an attorney, the other party can hire an attorney to challenge the validity of the will and that can cause the probate process to be drawn out for months, if not years. 

someone handing a house to someone else, and a hand holding money.

The advantages of having a Trust in New Mexico

A will lays out what your intentions are, but if you want some sort of privacy for your beneficiaries and you don’t want your beneficiaries or personal representative to have to put the estate through probate, then the next step for you is to make a trust. A will can be a part of trusts but I would encourage you, when you are looking to develop your estate plan, the trust should be the main primary vehicle. In a trust, everything about the trust and transferring property is kept private. If you only have a will, it will go to probate. Probate will be time-consuming, lengthy, and expensive if the beneficiaries challenge the validity of the will. I’m not saying a trust cant be challenged, but I have seen oftentimes that wills that go through probate are challenges and it does prolong the distribution of assets. When attorneys get involved, the cost of litigation, and ensuring the assets and property are properly distributed to the beneficiaries can get pricey. 

 

If you feel like you need to get started on your estate plan, the attorneys at Genus Law Group have extensive expertise when it comes to making a will and starting a trust. If you are a personal representative or a beneficiary that needs legal help with the probate process give us a call for a consultation! 1(505)317-4455. It’s important to secure your legacy for your family, start your estate plan today. 


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https://www.genuslawgrp.com/blog/including-a-will-in-your-estate-plan.cfmwww.genuslawgrp.com-202513Tue, 12 Jan 2021 13:15:00 EST
<![CDATA[Make An Estate Plan For Your 2021 New Years Resolution.]]>Everyone is making new years resolutions right now, but what I want to talk to you about is a resolution that you can make in regards to your life. I'm talking about this New Year's resolution you should make for yourself and for your family. It's not about starting a new exercise, or a new diet plan. It’s not about a new hobby it's about the resolution to take care of you, your family, and your loved ones by starting your estate plan. This can not only secure your family's future but also secure your legacy. 

resolution to make estate plan, with a house, a car, and money.

New Mexico Estate Planning

Some of you are probably thinking “what does it mean to start an estate plan?” Well in the simplest form an estate plan is a way for you to layout how you want your assets to be distributed or handled in the event of your incapacitation or death. A lot of us are familiar with a will, a will can be apart of an estate plan. It will designate if you have a beneficiary. The Beneficiary will decide where the property should go. You can consider as well as part of your estate plan how to protect yourself financially, and then also what the right type of estate planning for your situation is. If you are looking for something more private, there are trusts. A trust is an arrangement whereby a person (a trustee) holds property as its nominal owner for the good of one or more beneficiaries. There are many other vehicles and avenues to examine when making an estate plan so that it fits within your situation. There are powers of attorneys, transfers on death, you can set up a limited liability company, there is a lot you can do for your estate to protect yourself financially.  So again, a will and estate plan is a good idea so that you can secure financial security for your family and loved ones going forward and also your securing your legacy in the future.

 If you have any questions or you want to find more content about family law or about estate planning just search our website under FREE INFO, or you can also go to our Protect Your Success podcast on Apple Podcasts. Alright, folks have a great New Year I'm looking forward to working with you and your New Year's resolution. 

If you need help starting an estate plan, creating a will, or help on a probate case, give us a call at 1.505.317.4455 and one of our experienced New Mexico family law and estate planning attorneys will guide you in the right direction to make sure your legacy is secured and your family is taken care of.

 
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https://www.genuslawgrp.com/blog/make-an-estate-plan-for-your-2021-new-years-resolution-.cfmwww.genuslawgrp.com-202345Wed, 06 Jan 2021 17:15:00 EST
<![CDATA[Different Divorce Paths]]>I'm going to be real brief today because I know everyone is busy out there trying to stay safe. What I want to talk to folks about today is all the phone calls I have received lately about uncontested divorces and they tell me “you know he or she is pretty much in agreement with everything, we just want to get the divorce done as soon as possible. One of the first questions I ask is “how long have you been married’, and for any marriage over five years I'm really skeptical about an uncontested divorce. I think about how much happens in a year, and multiply that by 5, etc. While you're married you're accumulating stuff, debt, or property, some of you may have children and it just becomes more complicated the longer that you're married. I genuinely hope that most of you folks are able to resolve things at the lowest level and get your divorce done as quickly, efficiently, and economically as possible.

 I understand for most folks they think that the first alternative is an uncontested divorce, and perhaps it should be. There are a lot of assets that can accumulate during a marriage or things like a house, debt, retirement accounts. Chances are, at this point, you're thinking “ contested divorce,  litigated divorce, those sounds like scary words”, but they shouldn't be. I treat these as different pathways to getting a divorce. If you think that you're a hundred percent sure the other person is in agreement with you and you want to see if an uncontested divorce is a route that you should take, you can file in court, and then once all signatures are obtained and you have a competent attorney file it, you could be done with it quickly. if you file an uncontested divorce, but you're uncertain that the other party is ready to get divorced but you drop all the paperwork anyways, and you divided up what you thought they wanted and what you wanted, you send it to them, and then you don't hear from them from 30 days to a year. You are going to think “man I wish I was divorced by now, but I never heard from him” that's because with an uncontested divorce they are not obligated to respond to you, so if you want action but you're not sure about if the other party will agree with the terms that you want to layout, then you should file a contested divorce because when you file the other party has to participate in the process and then you're not waiting months for them to respond. If you need help with this process call us at 1505-317-4455. Here at Genus Law Group, we're committed to protecting your success. 

 
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https://www.genuslawgrp.com/blog/contested-vs-uncontested-divorce.cfmwww.genuslawgrp.com-199845Thu, 05 Nov 2020 11:58:00 EST
<![CDATA[Global Pandemic Arises Questions About How Other Parents Stay Safe During The Corona Virus]]>What I want to talk to you about today, is what’s going on with the covid-19 pandemic and how it affects parenting plans. There may arise problems with denied visitation from the other parent when one parent is using COVID-19 as an excuse or a way to keep you from seeing or spending time with your child. Can they do that by law? No, absolutely not, they have to have a court order, and typically that court order says that the parties must adhere to all the terms of the agreement. Any court order that the judge issues must be followed unless there is a reason why the other parent does not want to follow that order. Take for example a parent gets sick with covid-19, now it makes sense that the other parent should not send the child to spend time with the sick parent right? that goes without saying,  it just should not happen and there are some legitimate safety concerns. What if the custodial parent is denying the other parent access because they think the other parent is being unsafe? You have to articulate especially with the other parent why you believe that whatever practices they are using to stay safe during the covid-19 crisis has caused you some concern, and you want to ask the other parent to do what you are doing to keep yourself and your family safe.

As a parent, you should probably know if the other parent has hand sanitizer, and if they are only going to the store on an as-needed basis and they are limiting contact with other people. Essentially if you have a feeling as the custodial parent, that the other parent isn’t taking the same steps as you are, if there's no reason why the other parent is not acting safely or is exposing themselves to unnecessary contact with people then yes it is probably worth a discussion with that parent to ask him or her “why is it that you're not wearing a mask when you're going out in public or not social distancing appropriately”. You just have to have an open line of communication with the other parents and make sure that they are in compliance with the governor's orders. You should not be skeptical of how other parents approach a Public Health crisis and how they keep themselves relatively safe, but you should ask reasonable questions and if those questions are answered to your reasonable satisfaction, then the child should spend time with the other parent.

 
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https://www.genuslawgrp.com/blog/custody-during-covid-19.cfmwww.genuslawgrp.com-199717Fri, 30 Oct 2020 18:19:00 EST
<![CDATA[Asking your ex-spouse for more holiday time with your child]]>My name is attorney Anthony Spratley I’m the owner and founder of genus Law Group here in Albuquerque New Mexico where we practice divorce and custody law throughout the state. Today I will talk briefly about the upcoming holiday time-sharing schedule, now when most folks think about the holiday schedule they think about Thanksgiving and other upcoming Holidays and oftentimes, when we get to this time of the year, parents start remembering about how things went the previous year. Maybe things didn't go so well with your children, maybe you didn't get as much time with them as you wanted during the holiday. Maybe you felt like you got screwed after the last Holiday. Perhaps you're one of those people reading this blog, you're like “you know what, I'm going to do something about that this year” and here we are now, it's almost October, and where did the time go? “I need to get started soon or I'm going to be in the same position as last year when I wanted to do Thanksgiving, Christmas, Christmas Eve, or Christmas Day”. 

Don't lose any hope at this point, you still have some time to do something about it, talk to the other parent about the holiday schedule and about how things went down last year, just ask the other parent “hey can I get some more time this year”. If you didn't have Thanksgiving with your child, but you had Christmas last year maybe you can ask your spouse if you can have “Sally” on Thanksgiving day and maybe the day after. If the other parent tells you no, then you need to decide if it’s worth it to take the other parent to court to get time with your child because let's face it, you're going to lose out on spending this time with your child and experiencing memories. 

Now is the time of the year, if you're contemplating on getting more time, you want to take some action right away because if you start now the process of talking to an attorney and possibly having something in place for Thanksgiving before the winter break. The longer that you wait the harder it's going to be. There is less opportunity as you get closer to the end of the year and the schedule becomes very compressed with the courts. The courts remain open but a lot of the judges and hearing officers go on vacation. You have to do something now to start preparing yourself for this holiday time-sharing schedule if you don't have something already in place. If you want help with custody of your family law and think you might be interested in a consultation go to our website at www.genuslawgrp.com or call 505.317.4455

 
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https://www.genuslawgrp.com/blog/holiday-time-scheduling.cfmwww.genuslawgrp.com-199576Thu, 22 Oct 2020 13:07:00 EST
<![CDATA[Military Divorce 101]]>I just wanted to talk to you about this area called military divorce. Now, people hear that, some attorneys run from it, some run to it, because they have little or no experience dealing with the military and those attorneys say “I want nothing to do with that I'm going to go refer this case to an attorney that has some military experience”. I'm one of those attorneys. I have military experience, I have over 24 years in the military, retired as well as a JAG in the Air Force so do I have some ties and affiliation? Absolutely. Actually my dad served as well and my brother served too. So military divorce is something that I'm not going to run away from. 

New Mexico military woman kissing daughter on the cheek.

In New Mexico, do they treat military divorces differently than a regular, I guess, civilian divorce? My answer to that is no, the same rights apply to service members as they do non-service members if they decide to file a case in New Mexico. So there's no distinction between a regular divorce because in New Mexico the community property laws apply. 

What's kind of unique to military divorce is there's this area of benefits that a spouse, a non-military member spouse, is entitled to after divorce depending on how long the spouse was married to a service member. Different time periods for different types of benefits that are available. For example, in being able to shop at the Base Exchange or the Post Exchange after divorce, there are certain criteria to have to be met for the overlap period of divorce and whether or not you get any access to the base. As well as what about access for your dependents to the base for recreational purposes or to shop at the commissary? There are some different and new rules that apply for military divorce to make sure that not only are the dependents protected, that you as well can help the dependents access those services on base. 

Then there is this idea of military retirement and how that's divided and also disability pay, military disability pay, and there are some things that you have to be aware of that are unique to military divorce, but otherwise, the process is the same for getting a divorce granted. It's no different in New Mexico for a military person or non-military person but there are some tricks and nuances that you have to understand so that as a divorced spouse from a military member, and if you have children, that your benefits, to the extent that they lawfully can remain intact, do.


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https://www.genuslawgrp.com/blog/what-if-one-spouse-is-a-former-or-current-member-of-the-military-.cfmwww.genuslawgrp.com-195724Wed, 17 Jun 2020 13:04:00 EST
<![CDATA[Discovery Discovery in New Mexico: What it is and what you need to know]]>I want to talk to you a little bit about discovery and generally what that means for your case. So discovery is used, I use discovery in almost every litigated case that I'm involved in. When using discovery in your case, I use it for the purposes of finding out as much as I can about the other party’s financial situation. For example with their assets are, if they have retirement accounts, if they have healthcare, how much they're paying for that if there are any debts, any liabilities, any business interests. So I ask as much information as I can about the other party on behalf of my client. Because as you can imagine one of the reasons why a lot of folks go through a divorce is because there are trust issues with regard to the other party being upfront with that information and if you find yourself going through a divorce by yourself, or you're doing it pro se, and you're trying to negotiate some sort of settlement in the case you may decide that you want an attorney to draft up a discovery packet for you so that you can send it to the other party, at the very least so you can negotiate or begin negotiations. If trustworthiness is an issue doing interrogatories or discovery requests is definitely a way for you to at least get a sense of the other parties possessions and what their liabilities are as well. 

New Mexico attorneys working through Divorce discovery process.

There's never been a case where I have requested discovery where I have regretted it because you always learn something that the other party didn't know or that your client didn't know about the other party, which is good because then it allows you to have more transparency where none existed before and you're able to negotiate from a position of strength because you know what the other party is in possession of, or what they're liable for as well plus you can learn some interesting things through discovery about the other party as well. For example, if there are children involved, what's their thought process on an appropriate time-sharing schedule or legal custody? You can get an idea on what they believe how much child support should be as well, so discovery is a useful tool in litigation. It's not appropriate in all cases but in most cases, I've been involved in most attorneys and litigated divorces use discovery as a tool to learn about the other party.

 Discovery can be cumbersome, there are some time requirements that you have to follow in order to not waive any objections if you don't answer them or provide documents in a timely manner, so important you get a discovery packet in your pro se or you're represented by an attorney, make sure you reach out to an attorney contact them, get some advice on how to handle the discovery, including if you have any objections so that you can be the best prepared and negotiate from a position of strength.


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https://www.genuslawgrp.com/blog/divorce-discovery-in-new-mexico.cfmwww.genuslawgrp.com-195689Mon, 15 Jun 2020 19:09:00 EST
<![CDATA[How to get kinship-guardianship of the child in your life]]>Now in the past, I've talked about uncontested divorces and contested divorces and also custody and time-sharing. Oftentimes, we get questions about kinship-guardianship and whether or not a grandparent or an uncle or a cousin or older sibling can gain custody of a child and I often say, “well it depends on the reason why you want to get custody of the child”. But normally under kinship guardianship laws, you have to have some sort of close and personal relationship with the child in order for you to get guardianship of that child. 

Guardians of New Mexico child sharing love and affection.

Now, normally what that means is when you get guardianship of that child you essentially step in the same place as the parent. So you're able to make decisions about health and welfare, well-being, and what's in the best interest of the child. So what does that mean if you have, say, two parents that are unfit and unwilling to take care of their child? Then you can petition the court; now hopefully get their consent to allow you to temporarily take care of that child until they get well. Until they get well it could be a week it could be a month it could be a year, it could be indefinitely, it just depends really on the parents because when you're granted guardianship or permanent guardianship from the court it doesn't mean that the parents, the biological parents, rights are terminated. It's just that they are put on, say, hold temporarily until they decide to terminate it. 

Now if they petition the court to terminate the kinship-guardianship that doesn't mean that it automatically ends. There's a process that the court goes through to ensure that termination of the kinship-guardianship is appropriate under the circumstances and obviously in the best interest of the child. Some basic requirements for kinship-guardianship include the length of time that the child resided with you before the filing of the petition, of course, I talked about the close and personal relationship that you have, and also the state of the parents and it's best if both parents consent.

 If only one parent consents and the other parent challenges it, you have to be prepared to challenge that other parent in court because ultimately biological rights are superior over any non-parent. If you decide to go the kinship-guardianship route, it's best if you have the consent of both parents before proceeding. If you only have the consent of one, not saying that it's going to be a harder case, it just complicates things and again those things I talked about earlier about the unfitness of a parent and that could mean many things: jail, substance abuse, domestic violence. There's a whole host of reasons why a parent could be deemed unfit. 

Kinship-guardianship is an important legal role that the court appoints permanent guardians for minor children. It's an important one and the process can be complicated and so the best thing that you can do if you decide, or you're contemplating, to help out your grandchild or your niece or nephew, a minor child of a family member, make sure that you get the help of a competent attorney to help you navigate your rights and how to make the kinship-guardianship process as efficient as possible.

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https://www.genuslawgrp.com/blog/kinship-guardianship-in-new-mexico-explained.cfmwww.genuslawgrp.com-195613Tue, 09 Jun 2020 17:10:00 EST
<![CDATA[Uncontested Divorce 101]]>I'm going to be real brief today because I know everyone is busy and out there trying to stay safe. But, what I want to talk to folks about are uncontested divorces. Now, we’ve been getting a lot of phone calls lately about uncontested divorces and usually how the telephone call goes is that one side tells me “Oh, this is going to be pretty simple, we don't have much stuff together and you know he’s pretty much or she's pretty much in agreement with everything, we just want to get this divorce done as quickly as possible.”

Cutout of handshake symbolizing mutual agreement aka Uncontested Divorce in Albuquerque.

Now, one of the first questions I ask is “well, how long have you been married?” and for any marriage over five years I'm really skeptical that the uncontested divorce is the way to go. Just think about it, just think about how much happens in a year in your life and multiply that by 5; and while you're married you’re accumulating stuff, you're accumulating debt, you’re accumulating property, some of you may have children, life just becomes complicated the longer that you're married. So, I genuinely hope that most divorces are uncontested because that means that folks are able to resolve things at the lowest level and get their divorce done as quickly and efficiently and economically as possible as well. So I understand why for most folks they think that that's the first alternative is an uncontested divorce, and perhaps it should be.

 

Now, where usually the uncontested divorce turns is where the marriage is a longer term marriage, I say anything over 5 years but I have seen contested divorces for marriages that were less than a year old. But typically when you reach the five-year mark you're really probably looking at a contested divorce. Especially when there are children involved or a lot of assets that were accumulated during the marriage and things like a house and then you're looking at debt, retirement accounts, things of that nature, then you’re looking more like a contested divorce then uncontested. 

 

Now, I know contested or litigated sounds like it's scary and it shouldn't be because I treat the contested divorce as if they’re uncontested, it's just a different pathway to getting the divorce. Now, when someone files for contested divorce it ratches up the seriousness of the divorce process rather than just doing it informally on your own by finding some paperwork on the internet, filling out some paperwork, getting it notarized and filing it with the court, the uncontested route is an informal way to do it. But when you file a contested divorce then you’re looking at, you can find that paperwork yourself, file it yourself, and then there's some formalities that take place as far as getting the other person notice and they have to respond.

 

 So, what I tell folks with uncontested divorces is if you think that you're a hundred percent sure and the other person is in agreement with you then yes, that is the route that you should take, go the uncontested route, have a competent attorney fill out the paperwork, make sure it's done right sign everything without filing in court and then once all signatures are obtained have that attorney file it and then you're done. But that's a matter of expediency if you want to do it that way, because if you do it and you're uncertain (if you do it meaning the uncontested divorce), if you do it and you're not certain that the other party is ready to get divorced but you drop all the paperwork and you think you divided up what they want and what you want and then you send it to them in an email and you mail it to them and then you don't hear from them from 30 days, 60 days, six months, a year and you're like, “man I wish I was divorced but I sent them that paperwork and I never heard from him about it”, that's because he's not obligated to respond to you because it's not a contested matter at this point.

 

So if you want action and you want to get a divorce but you're not sure about whether or not that the other party will agree with the terms that you want to lay out as the terms of the settlement agreement, then you should file because when you file the other party has to participate in the process and then you're not waiting months or years to find out whether or not you're going to get divorced, it is just a matter of when you're going to get divorced. 

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https://www.genuslawgrp.com/blog/uncontested-divorce-in-new-mexico-what-you-need-to-know.cfmwww.genuslawgrp.com-195508Thu, 04 Jun 2020 13:48:00 EST
<![CDATA[What a 2020 Graduation Ceremony Taught Me About Co-Parenting]]>Last week I attended a high school graduation. This graduation happened with many social distancing guidelines established, you know the usual 6 ft social distancing, no more than 5 people gathered indoors, amongst other things. The ceremony took place 100% Outdoors. One of the more exciting parts of the high school graduation celebration was that the high school graduates traveled through a gauntlet of supporters in a car. Now I saw some well-decorated cars and a lot of enthusiastic supporters cheering on the graduates. It was a very exciting day for them and in light of the current public health conditions I am certain that it will be a day they will never forget- just like the day that we graduated from high school. But leading up to this special day there was a lot of debate about how to honor the graduates on this day, especially when it came to them driving a car through the continent of supporters. This caused concern with faculty members and especially some vocal parents.

New Mexico high school graduation parade.

 Traffic was going to be an issue because there was no special permit that was coordinated that would take care of any traffic backups on public roads. So the principal decided that only one car per family would be allowed to participate in the drive-through gauntlet. Now the controversy was created because, as you probably  know, when there is a divorce or a custody parenting plan agreement with a child living in two separate households,  there are likely potential problems with the one car only requirement. As you might predict, both parents wanted to be the primary parent to drive the child through the gauntlet.  I understand for the  parents that wanted to be part of the special day but there is no way that the principal was going to allow each family to have two cars participate in the graduation celebration. Parents were complaining that it was unfair, that the other parent was being unreasonable, and that they should be able to celebrate just as much as the other parent and be part of the process. This led me to think about effective co-parenting. Now it was unforeseeable that the current public health crisis hit us the way it has and that it would require the parents to cooperate in such a way.   But it reminded me of the underlying premise of all parenting plans and that is doing what's in the best interest of the child. That includes the ability for both parents to effectively communicate with each other to prepare them for unprecedented times. If you communicate effectively as parents during non-public health crises or emergency times,  it will make parenting and effective communications easier during crisis and emergencies when co-parenting together is a must.

 

 I am certain that as we move forward everyone will look at ways to have their parenting plans reflect emergencies that are known and unknown so that the parties can effectively continue to co-parent. But I am also optimistic that because of this experience parents will begin to effectively communicate. I am hopeful that the new generation of high school graduates will look back and reflect the end of their school year, and as a move on to become parents themselves, how important it was and how important it was to them to have both parents involved during their graduations.

 

You should seek the advice of a competent Albuquerque custody lawyer if you are experiencing custody problems with the other parent. don't wait until the next pandemic to decide to exercise your rights.

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https://www.genuslawgrp.com/blog/what-a-recent-high-school-graduation-taught-me.cfmwww.genuslawgrp.com-195185Mon, 18 May 2020 17:46:00 EST
<![CDATA[How to Get A Divorce When Your Spouse Cannot Be Found!]]>Magnifying glass used to symbolize search for second party involved in New Mexico Divorce.

 

Where is Nancy?

 

You want to file for divorce and you have decided that because you and your spouse do not have any property or debts together you should be able to get a quick uncontested divorce. As you know, an uncontested divorce means both you and your spouse agree on all aspects of the division of property and debts, so of course you are thinking it is an uncontested divorce.  You have one problem: you have not seen your spouse, I am naming Nancy, in weeks, months or years and you want to file for divorce. Now you are thinking you are trapped and you will not get that divorce you need to move on with your life.

 

Can you obtain a divorce?  Yes. Can it be easy to get a divorce?  Absolutely. Will it be fast, well it depends on many factors?  One of those factors, of course, begins with deciding to file. By filing for the divorce it automatically becomes a contested divorce because Nancy does not know you are filing for divorce.  The second factor is once you file, you have to let the other party know you have filed a contested divorce or you will never get your divorce you need from Nancy. You may ask, I do not know where Nancy is and I will never get a divorce from her!  Let’s explore how you can find Nancy to let her know you are filing for divorce.

 
  1. You may be able to find Nancy by contacting her friends, present and ex co-workers/employers, or relatives.  If you can find her associates it is likely you can find Nancy.

  2. Social media.  Facebook and Instagram are wonderful tools to help track down Nancy.  There are many other social media sites you can search for Nancy and they are free!

  3. Hire a private investigator. This is probably the most expensive option.  Most private investigators can help you find Nancy or at least get you closer to finding where she is located.

 

Once you locate Nancy, you must serve her divorce papers.  You should review the New Mexico Rules of Civil Procedure on how to get her served, but she must be personally served, which includes personal service by someone not a party to the case or by motion to the court publish in a newspaper of general circulation in the community in which Nancy resides.  Once Nancy is properly served you may proceed with finalizing and obtaining the divorce you need.

 

If you need a divorce and you cannot find Nancy, do not let that be an obstacle to getting the divorce that you want.  If you need more information on how to obtain an uncontested or contested divorce in Albuquerque, Rio Rancho, Los Lunas or throughout New Mexico, contact Genus Law Group at 1-800-DIVORCE, or book an appointment to speak with one of our attorneys at calendy.com/genuslaw.



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https://www.genuslawgrp.com/blog/how-to-get-a-divorce-when-your-spouse-cannot-be-found-.cfmwww.genuslawgrp.com-193444Tue, 11 Feb 2020 09:48:00 EST
<![CDATA[Why You Should Be Shocked Your Child Is Not Being Fed During The Other Parent's Timesharing!]]>New Mexico family portrait depicts parent reading to children.      

 

When your child is returned back to you after timesharing (aka visitation) with Parent B and tells Parent A they were not fed by Parent B should you be shocked?  My answer is no and this blog will inform you as to why.  

 

To make an honest assessment about this issue, ask yourself these questions if see if you have asked the following questions after the child returns after their visitation with Parent B:  1.) Grilling them about what they did; 2). What did they eat; and 3). Who else was there? If you have done this, you are wrong? Why, because Parent B has the absolute right to do whatever they want to do with the child during their timesharing without you probing into the visit as long as it does not change the status quo and the child’s welfare and safety are not at risk.  The only communication with your child after the visits should be, I am so happy to see you again and leave it at that. Why, because when you begin probing your child, you are putting your child in the middle of a potential conflict between Parent A and Parent B. If you ask the child, “did you have a good time with Parent B”, “what do you have to eat for breakfast, dinner or lunch”, or “was Parent B’s ‘friend’” was around”, what do you expect the child to say without making you feel bad?  Would you rather that child say, “Parent B is the best because we have so much fun, is the best cook ever, and the new “friend” is awesome? All of these probing questions put the child in a position to please you and tell you whatever you want to hear. The presumption should be is that Parent B (or A for that matter) can reasonably take care of the minor child while in their care. Now, if something occurred that affects child safety and welfare, be confident the child or the other Parent will let you know. 

 

You may say you have the right to ask your child questions about the visit with Parent B, but why not ask Parent B directly if you are at all curious about what they did during their timesharing.  That way, you keep your child out of the middle and nothing gets lost in translation or misconstrued because the child feels like she wants to please you. Oftentimes, when a child is placed in the middle and gives an answer the other parent “wants to hear”, the information is used against Parent B. Parent B is confronted by Parent A and is surprised about the information the child told parent A which usually ends in a dispute between the parents.  Usually, this information may be used to drive a wedge between the minor child and Parent B.  

 

If you have legitimate concerns about the health and safety of the child after they return from a visit, by all means, address it with the other Parent.  Don’t probe the child, instead, inform the other parent of your observations after the child returns from a visit and have a discussion about your concerns.  Perhaps the other parent can provide some insight into your observations that you can resolve together as successful co-parents.

 

If you need more information about this blog or about your Albuquerque custody and visitation in Albuquerque or throughout the state of New Mexico, contact me at 1-800-DIVORCE or you can go to www.genuslawgrp.com for more information on this topic.



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https://www.genuslawgrp.com/blog/be-shocked-if-your-child-was-not-fed-during-their-visit-.cfmwww.genuslawgrp.com-193296Sun, 02 Feb 2020 13:41:00 EST
<![CDATA[Yes! You Can Take Your Child to the Park Without the Other Parent's Knowledge or Consent!]]>Three children playing at an amusement park.

 

Recently I was at a local Albuquerque trampoline park, a non-dangerous activity, where two parents we're discussing how the other parents of their children were not spending more time with the children. I was not eavesdropping because this was in a public space but this conversation went on and I couldn't stop listening. Then, one of the parents (Parent A) received a phone call from the other parent (Parent B) of one of the children, and as the conversation went on it devolved from there.  The side of the conversation I could hear, and I presume, was that the parents were explaining to each other their rights on why it was okay or not okay to be at the trampoline park with the child without Parent B's consent. Parent A kept saying I don't have to tell you when I go the trampoline park. I didn't hear the other side other conversation but I am confident Parent B was saying that you have to get my consent before the child goes to the trampoline park. Around 30 minutes after the parents hung up on the phone the Parent B showed up at the trampoline park. Again, Parent B demanded the child leave the trampoline park because Parent A had no right to have the child at the trampoline park without permission. This conversation went back and forth where Parent A defended the right to have the child at the trampoline park and Parent B defended the child’s removal from the park. Parent B was concerned Parent A had to sign a waiver with the trampoline park and for this reason for Parent A needed to get permission from Parent B.  The yelling went back and forth in public. Now, fortunately, the child was not near the parents and was having fun at the park, but security got involved and ultimately Parent B was asked to leave the premises because of the scene that was being created by both of them.

 

I am not saying that either parent was wrong in this situation.  There is a time and place the parents can and should address these concerns.  If there are concerns about certain activities that your children should or should not be involved in you should address them in a written agreement that will become an order of the Court.  In any written agreement you enter into you should look at those agreements from the perspective of your child and what is in their best interest. I am optimistic that these parents will at some point, reach reasonable agreements related to their children's activities. When considering major activities for children, for example, extracurricular activities like playing a sport or taking on a hobby (like playing an instrument), parents should have equal say before that child participates in that activity. For non-dangerous activities like bowling, attending a birthday party or volunteering at a food bank does not require the other parent’s permission or be notified and is a ridiculous position to take if a parent believes that their consent is required. An example of a dangerous activity would include skydiving where specialized equipment and instruction is required before participating in the activity.

 

If you need additional information about your Albuquerque Custody case and when consent is required for extracurricular activities or non-routine extracurricular activities and how it affects your children's lives and their best interest contact us at 1 800 DIVORCE.

 
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https://www.genuslawgrp.com/blog/no-i-am-telling-you-i-am-taking-the-kids-to-the-the-park-.cfmwww.genuslawgrp.com-192802Sun, 26 Jan 2020 11:10:00 EST
<![CDATA[How to Afford an Albuquerque Divorce Without Going Broke!]]>New Mexico Divorce payment along with gavel.

5 Reasons Why You Cannot Afford an Albuquerque Divorce (But You Can).

 

Recently I was in rural Virginia celebrating my parents’ 50 wedding anniversary and it got me thinking about why some marriages last and others do not.  I am not a marriage counselor nor do I remotely claim that I am, so I will leave my thoughts there. However, I want to discuss why you cannot afford your divorce - but you can.

 

#1.   Selecting the right lawyer. There is not a correlation between the amount a lawyer charges and the outcome of your case. What matters are results.  Most lawyers want a large retainer up front for their services. Some are willing to set up a payment plan towards the retainer. You have to find the right lawyer that is willing to work within the confines of your budget.

 

#2.  Unrealistic expectation of costs.  Recently, someone commented on my Facebook page about the cost of an uncontested divorce.  I asked the person what their concern was about the fee. To date, I have not heard back from that person, but it is my opinion they could not afford the service, which is okay.  A lawyer’s goal should not be to take the last dollar of their client, but it should not be done for free either. Prospective clients should plan for the worst as far as costs go when budgeting for divorce.  Lawyers should not sugar-coat the cost of legal fees either as a misperception of costs could cause a strained relationship between the lawyer and client when the lawyer is asking for more money.

 

#3.  Want to win at all costs.  I have had clients tell me, I will spend whatever it takes to get everything I am entitled to!  Yet, when a retainer is asked to help them achieve that result, oftentimes, it is met with “I cannot afford that”.  Now, it is either you are all in or you are not. You have to understand hiring a lawyer to help you at all costs is telling your lawyer you have unlimited access to funds.  Be realistic, if you have a set amount for your divorce, tell you lawyer upfront and maybe you can work out an arrangement to help you receive the best result possible within your budget.

 

#4.  Not being reasonable in settlement.  New Mexico is a community property state.  What that generally means is that everything accumulated during the marriage is considered jointly held property, entitling each person 50% of its ownership and value.  If you are adamant that the retirement plan or the house you purchased during the marriage should not be divided because you were the primary earner during the marriage and the other parent contributed nothing to the marriage because they chose not to work, you are being unreasonable. In a community property state, contributions of the parties is not a factor on determining how much the other person will get from the divorce.  If you continue to be unreasonable, your divorce costs will go up.

 

#5.   You are not ready to move on.  When a client is ready to settle the case, they usually come to the realization they are ready to move on.  When you are ready to move on, you will become more reasonable and your divorce costs should go down. It is when you are not ready to move on is when every issue related to your divorce turns into a major problem and you find yourself in court over and over related to the small stuff. If you can control your emotions, you can control the costs of your divorce.  Often times, I advise clients to seek the help of a mental health professional to help you cope during the divorce process as a way to mitigate your anxiety about the next phase of your life and to control your divorce costs if you are represented by a lawyer.

 

Divorce is an emotionally and financially trying process.  You can limit your divorce costs by reviewing how you are conducting yourself during the process.  A lawyer can assist you with your legal rights in a divorce and that may help lead you to a better outcome.

 

 

 
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https://www.genuslawgrp.com/blog/5-reasons-you-cant-afford-albuquerque-divorce-but-you-can.cfmwww.genuslawgrp.com-192502Thu, 09 Jan 2020 16:41:00 EST
<![CDATA[How to Get the Custody You Want, Without Giving Away Everything]]>Family lies in bed with parent on either side of child.

I am not in the habit of being a movie spoiler, but if you have not seen A Marriage Story, you need to. It is on Netflix, a subscription streaming service. Online, there is quite the debate on who to side with in the custody dispute - the Father or the Mother.

 

Throughout this movie, I heard many common themes that I commonly advise my clients on a regular basis. I am sure you have heard the cliche that no good deed goes unpunished.  It was something I picked up on in the movie, that the Father was being very naive about what he perceived as doing the right thing for them instead of the right thing for the best interest of the child. It is my opinion, he was oblivious as to what was going on that led to the hotly contested custody battle.  The same applies to your custody case as well, especially where you don't have a written agreement in place to ensure that everyone is being completely honest with their motives for custody and time-sharing. Here are 5 mistakes parents make in a custody case.

 

First, you have the right to have a say where your child resides that is in the child's best interest.  If the other parent decides they want to move out of state with the child, even if you're on good terms with the other parent, ensure that you have included in any written agreement, that the move is temporary and that the intent of the other parent it's to return with the child.  You should get a court order outlining the agreement instead of relying on the representation of the other parent that they will act in good faith without an agreement. If you believe that the other parent’s good intentions are to return your child, assume the worst if you are in conflict with the other parent because of a divorce or break up, that the child will not be returned.

 

Second, if you are not married it is a good idea to get a custody order. A custody order will outline and give you the legal rights to the child that you deserve as a parent. It will also outline time-sharing and legal custody, should you allow the child to temporarily reside outside of the state.  You may think that the formality of a court-ordered isn't important, but it is very important as it is the legal mechanism to get your child returned back to you in the event the other parent decides they do not want to return the child back to you as part of a court order.

 

Third, never speak negatively about the other parent.  In a high-conflict case, this can be very challenging. Through your actions, your child observes you portraying negative feelings towards the other parent. Remember the other child is 50% you and 50% the other parent. Do not place your child in the middle and test their loyalty to you - it is not fair to the child.  You should document any incidents for future reference including court, no matter how insignificant it is, when your child tells you the other parent is speaking negatively about your, however, do not dig too deep into what the child is telling you as you do not want to place them in the middle of your conflict.

 

Fourth,  be objective when you hear your child tell you things about the other parent or how they are being treated by them.  Rest assured, if your child is put in the middle of your conflict, they are telling the other parent exactly just like they are telling you what they want to hear to avoid conflict.   

 

Fifth,  be prepared for long process custody and time-sharing process as you try to reach an agreement. Child custody situations are never easy and getting it right is challenging.  You may think having lawyers involved may complicate reaching an agreement, but lawyers familiar with family law and the courts can generally obtain custody and time-sharing agreement that's consistent with what the judge would enter consistent with the best interest of the child. As you know, a judge has ultimate discretion over custody and time-sharing issues if you put that decision in the hands of a judge.   When you do that, your outcome is uncertain. You should try to reach an agreement outside of court, even after someone has filed, to make sure that your rights are adequately protected and you have control over the outcome. Understand that your time-sharing and custodial relationship will change if the child lives outside of New Mexico. You know that if a parent relocates things will never be the same. The best option for you, if your child moves out of state with the other parent, is to ensure that you can spend the most time with your child when you have it.  

 

Do not make a mistake when it appears a change of custody and time-sharing might occur and do nothing about it. Take this change seriously when that other parent decides to relocate out of the state.  Protect your rights, get the assistance of a lawyer, or the courts to help you decide what is in the best interest of the child.

 

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https://www.genuslawgrp.com/blog/watching-a-marriage-story-helped-me-help-my-clients.cfmwww.genuslawgrp.com-192397Sat, 28 Dec 2019 02:05:00 EST
<![CDATA[Mando, Baby Yoda, and New Mexico Kinship Guardianship]]>What Baby Yoda Can Teach Us About Kinship/Guardianship In New Mexico 

Baby Yoda frowning.

If you’re not dead, in a coma, or locked in a bunker, you know about baby Yoda. The breakout star of Disney’s new Star Wars show, “The Mandalorian” has captured our hearts and taken over our memes. In case you don’t have a Disney plus subscription and you haven’t seen the show (spoiler alert), the Mandalorian follows a bounty hunter around the galaxy as he hunts wanted men (and Aliens) down so he can complete his blaster proof Beskar armor set. However, at the end of episode one, “Mando'' finds out that his next bounty is the sleeping bundle of cuteness affectionately known as baby Yoda and Mando’s life (and the internet) was changed forever. The show sees Mando and baby Yoda jet set to different exotic planets every week as he tries to protect his new baby from all the other bounty hunters and find a home for him. While the resulting spectacle is great entertainment and internet gold, it’s also a very earthy tale of someone seeing a child in need and doing something about it. Mando isn’t baby Yoda’s biological father (the large green ears and diet of frogs seem to confirm this) but he takes on that responsibility because baby Yoda has no one else and like all children he needs help, love, and care. Many of us here on earth have found ourselves in a similar situation with our grandchildren, nieces, nephews, friend’s or ex-partners' children. Let’s explore how Mando should handle his guardianship of baby Yoda should the pair find themselves in the Land of Enchantment. 

 

We don’t know much about the origins of baby Yoda five episodes into the series, but we do know mom and dad are nowhere to be seen and he has been left in the care of the Mandalorian for an extended period of time. In fact, Mando has started to care for the child as his own and has effectively adopted him. But, given that the parents are MIA and Mando is obviously not a blood relative (or even the same species), can he make it official?  If the pair find themselves in New Mexico, he can. In New Mexico, the Kinship Guardianship Act is meant to address situations in which a parent has left a child with another person for more than ninety (90) days without “appropriate care, guidance or supervision.” Though there are numerous requirements under the NM Kinship/guardianship Act, you do not have to be a blood relative in order to file a Kinship Guardianship petition. However, if you are not a relative or a member of the child‘s tribe, you will have to demonstrate that you have a significant bond with the child. Baby Yoda whipping out his force powers to save Mando and adorably following him everywhere seems to suggest these two have a “significant bond”. The grounds for guardianship, the bonds with the child, the best interests of the child, and other considerations must be set forth clearly in Mando’s Petition for Guardianship.

 

If Mando is appointed as the legal guardian of baby Yoda, the parent‘s rights are temporarily suspended and transferred to him. This means that Mando is responsible for caring for the child as if he were his own, which not only means feeding and clothing him but making decisions about things like medical care and education for him as well. So far, despite occasionally leaving the child unattended to take bounty hunting jobs, Mando is doing just that.

 

The New Mexico Courts will only appoint a Kinship Guardian if that appointment is in the best interest of the child. If both of the child‘s parents agree to the appointment of a legal guardian, then they can sign a Consent of Appointment of Guardian and they can also waive the requirement that a child lives with you for at least ninety days before you can file a petition for kinship guardianship. However, if one or both of the child‘s parents dispute guardianship, the Court must appoint a Guardian Ad Litem to represent the child‘s interest. Mando must prove that the custodial parents are unable to provide the support necessary for the child and that he is fit to take on the responsibilities of raising the child. In this case, we can assume baby Yoda has been with Mando for more than 90 days, so Mando is in the clear for filing even though baby Yoda’s parents (if they are alive) have not consented.

 

Once guardianship has been appointed, the legal guardian has full physical custody and financial responsibility for the care of the child. The financial burdens associated with the custody of a child can be significant for a guardian. As we can see, Mando does struggle to earn enough credits to buy baby Yoda bone broth and fix his ship whenever it's stripped for parts by jaws.  Once he is appointed guardian, Mando can petition and the court will generally award child support from one or both parents for the care of their children while the guardianship is in effect (assuming we can track down baby Yoda’s parents). This might allow Mando to put bounty hunting on the back burner so he can focus on parenting. 

 

Although Mando will have to prove his bond with baby Yoda and go through what could be a lengthy process if he finds the right legal help Mando should be able to take over legal guardianship of the child and make this practical adoption official. This will not only allow Mando to make medical and educational decisions for the child, but it can also help prevent baby Yoda’s parents from coming back into the picture and taking him away. While guardianship won’t prevent this outright, it will give Mando a legal leg to stand on in that event. Keep in mind that the court takes parental rights very seriously so Mando will have to prove they are unfit or unable to care for baby Yoda.  Mando will also be able to claim baby Yoda has a dependent which will keep more credits in his pocket.

 

Should you file for guardianship of the baby Yoda in your life?  If you believe that a child in your family is being mistreated, or is otherwise not receiving the necessary care from their parent(s), contact Genus Law today to discuss your options. The decision to seek kinship care is a very important, and oftentimes stressful, decision to make, but is extremely important when the safety of a child is at stake.

 

If you need the support of a family lawyer in Albuquerque in order to begin the process of requesting kinship guardianship, contact Genus Law experienced guardianship and adoption attorneys today at 505.317.4455 or chat with a representative anytime. During our initial consultation, we will be able to lay out the details of your situation and develop a greater understanding of how we will approach this sensitive legal procedure. The child’s safety is of the utmost importance to us, and we will identify any immediate decisions necessary in order to get the child protected from harm or abuse immediately while we are working through the request of guardianship. If you believe that the child is in imminent harm, contact the Albuquerque Police Department immediately.

 

Baby Yoda on starship

May the force be with you and your younglings.

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https://www.genuslawgrp.com/blog/what-baby-yoda-can-teach-us-about-kindship-guardianship-in-new-mexico.cfmwww.genuslawgrp.com-192230Thu, 12 Dec 2019 13:53:00 EST
<![CDATA[5 Things That Can Ruin Your New Mexico Divorce]]>New Mexico Petition for Divorce form along with glasses and pen.

 

There are many ways that you can ruin your Albuquerque divorce case.  Before you begin your divorce case journey, read our five tips on how you will ruin your divorce case to make your case go smoother.  As always, advice from an Albuquerque divorce lawyer will help you understand your rights and obligations throughout the divorce process:

 

#1.  Being the first to file divorce paperwork. 

Filing first does not matter in most cases.  Does it set the tone for the rest of your divorce, of course?  It puts the other person on notice you are serious about ending your relationship and you are ready to move on.  If you do not have your affairs in order before you file because you are rushing to file first, you may put yourself at a disadvantage.  Affairs should you be concerned about are where will you live, finances, access to important documents, and what about your children if you have any.  There is nothing wrong with filing first, just be prepared for what will follow once you do.

 

#2.  Settling on bad terms. 

After the divorce has been filed you probably just wanted to be over and done with. Oftentimes with divorce, one party may decide that they just want to sign whatever paperwork is put in front of them. This is not a good idea because you might settle on some terms that are not favorable to you in the long term.  You should really think about the effects of settling your case before you sign paperwork. Now, this is easier said than done especially when you just want to put a bad marriage behind you. Remember your settlement agreement will dictate your relationship post-divorce with your ex-spouse and if you have children your relationship with them. You should take the time to consider what you really want before you settle and then make sure that's included in any settlement agreement that you ultimately sign.

 

#3.  Being unreasonable as you attempt settlement. 

Divorce is an emotional and financially trying process. Often times if you are upset that the other party because they committed an act of infidelity or abuse, it may prohibit you from reasonably settling the case. Your feelings about what happened to you are completely justified.  If you are going to be mean to the other party just to be mean, completely unreasonable you will damage your case and prolong the inevitable, your ultimate divorce. If you are letting your chances of settling your case dwindle because you are angry and you are being spiteful towards your soon-to-be ex-spouse you could ruin your case by your behavior.

 

#4.  You moved out of the marital residence. 

There may not be a reason why you should move out of the marital residence before you are divorced.  When you move out it may put you at a disadvantage during marital settlement negotiations. Where you may still have a community interest in the property in your home, oftentimes after you move out certain property grows feet and disappear.  Additionally, if you do not have a place to live before you move out but decide to move out then you may find yourself temporarily homeless. No absent domestic violence or abuse the court generally will allow the parties to remain in the marital residence as long as the parties can live peaceably together while the divorce is pending. Don't move out unless you have a plan and ensure that you have taken a full inventory of the community property in the home before you leave.

 

#5.  Doing divorce paperwork yourself. 

A common way you will ruin your divorce is by doing the divorce by yourself. There are so many options out there to do your own divorce. and in some cases, it may be appropriate. I have found in most cases that they are not and it could be the number one reason for ruining your divorce. Your divorce may seem simple but it is very complex. The longer the length of your marriage the more difficult your case will be.  It will probably take longer to resolve your divorce because longer marriages are usually are more complex to settle. In the more complex divorce cases the longer your divorce goes on, the more prone you are to make mistakes in your do-it-yourself divorce. You should seek the advice to have an Albuquerque divorce lawyer to ensure your rights are protected and that you do not ruin your divorce.

 

How to Start the Divorce Process

Your first step should be contacting a local family law attorney. While you may be able to get divorced on your own if you don’t have children, assets, and you have great communication with your soon-to-be-ex and you guys are in full agreement about how to divide everything, this is usually not the case. It’s important for you to have an expert in your corner who is looking out for your best interests and who understands the ins and outs of NM family law court. The Albuquerque divorce and custody lawyers at Genus Law Group offer one on one, personalized consultations where we go over your situation, what your rights and options are, and how we can help. Unlike the other large family law firms in New Mexico, Genus Law only practices Family law. That means all of our time, energy, skill and training is focuses on the newest developments in New Mexico family law. We know the ins and outs of family law courts and how to get the best outcome in your case.

If you need help, call 505-317-4455, contact us, or chat with an online representative now and book your consultation with Albuquerque's best divorce lawyers.

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https://www.genuslawgrp.com/blog/dont-ruin-your-albuquerque-divorce-by-doing-these-5-things-.cfmwww.genuslawgrp.com-192145Sun, 08 Dec 2019 13:05:00 EST
<![CDATA[How to Get the Holiday Timesharing You Want]]>If you’ve watched TV or been to a store in the last month, you know the holiday season is already in full swing this year. From store decorations to online ads and commercials, we are constantly reminded to get an early start to Christmas shopping and holiday preparation. What we don't hear this time of year are reminders to get our holiday travel and time-sharing plans in place. If you share joint custody of your children, you know that it isn't exactly easy. Rotating every year, splitting holidays, and observing parenting plans can be stressful. Even normal holiday activities like traveling to see relatives can be much more complex in a joint custody family. However, there are things you can do to make sure you have a smooth holiday season and get the time with your children that you want.

 

New Mexico parent helps child add ornament to holiday tree.

 

Get the Right New Mexico Custody Agreement

Thinking about holidays as soon as possible is always the best way to get the custody you want. If you haven’t yet finalized your divorce and parenting plan,  make sure it is as thorough and flexible as possible so that it provides for life’s many eventualities. While the big days like Thanksgiving and Christmas are usually addressed in a parenting plan, other holidays like Halloween and Easter may not be included. If other holidays or holiday weekends are important to you (or may become important in the years ahead) you should definitely address them. 

Always Plan Ahead 

If you already have a custody agreement in place, you should still plan your holiday season well in advance. If you want to take your children to visit grandma and grandpa out of state, you will likely need the other parents’ permission. Check the order to see if there is already a provision for out-of-state travel. It’s always best to get written permission from the child’s other parent when taking your children out of state as it is usually mandated in the parenting plan and also protects you from any legal repercussions. When traveling with your children, you should always provide the other parent with an itinerary and accommodation details. This isn’t about your ex knowing what you’re doing but about them knowing what their children are doing. You should also provide your children with a way to communicate with the other parent during your trip. If you feel like communication is too frequent or burdensome, agree to certain times in the day when your children can speak with their other parents and try to keep them as informed as possible. Sending pictures and updates will always be appreciated (and will hopefully be reciprocated). 

Your Options 

If you think your ex will be less than cooperative when planning an out-of-state trip, you can always file a motion with the court to allow you to take the trip. Keep in mind that this has to be done months in advance of any planned travel, so you are probably already too late for this year’s holiday season. However, if you don’t get the timesharing you want this year, call Genus Law today so you can get the spring break, summer, Thanksgiving, and Christmas custody you want. Call us at 505.317.4455 or chat with a live representative at any time to set up your consultation with experienced family law attorneys 

 

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https://www.genuslawgrp.com/blog/holiday-travel-and-timesharing.cfmwww.genuslawgrp.com-191979Thu, 21 Nov 2019 12:40:00 EST
<![CDATA[3 Tips to Improving Your Child Custody Agreement]]>Recently, I came across an article about the United States Marine Corps “Rule of Three”. Essentially the Rule of Three is about picking three goals, focusing on them, and doing them well before adding more tasks. This principle can guide parents as they try to figure out what is in the best interest of their children in an Albuquerque child custody case. Focus on the three most important goals you want to accomplish with your child custody case. If you know what those three goals are, focus your efforts on obtaining results in your case. Here are three goals you can focus on how to help you succeed in your Albuquerque custody case.

 
New Mexico child carried by mother.

#1.  Be honest with yourself.

You need to be honest with yourself about the type of time-sharing schedule you want with your children and that it is for the right reasons. You may want equal time-sharing because you want to spend as much time as possible with your children. However, if deep down, the actual reason is that you want to keep your child support payments low, you are seeking the 50-50 time-sharing for the wrong reasons. If your work schedule is not flexible enough for the time-sharing schedule you want, offer a reasonable time-sharing schedule that you can follow and modify later if your work schedule changes.

 

#2.  Stop trying to normalize a split time-sharing schedule.  

If you are trying to keep everything as normal as possible as when you lived under one roof with the other parent, you are making a mistake. Split households with time-sharing are not normal and are very difficult to make work. Under the best of conditions, it is challenging for the parents to be on the same page. You have to realize your attempt at keeping things normal may do more harm than good in your custody case and can actually have the opposite effect.  

 

#3.  Do not underestimate the power of effective co-parenting. 

You may not like the other parent very much, but have to be able to be civil with them. You do not have to be best friends with the other parent or show a united front in front of them, but, you must communicate effectively. If you do not communicate well with the other parent concerning major events that affect the children, you will have difficulty co-parenting experience. Part of effective communication is to listen and be objective in your communications with the other parent. Seek clarity when necessary. You should place yourself in the shoes of the other parent when providing them information about the children. Effective communications will keep tensions low between the parents. Rule of thumb, if you are communicating now, you need to communicate more.  

 

If you want more information about your Albuquerque, New Mexico, child custody case, contact the lawyers at Genus Law Group at 505-317-4455 or chat with a representative today. We offer a case strategy session that allows you to speak with an attorney to go over your case and your options. Contact us now to start resolving your case!

 

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https://www.genuslawgrp.com/blog/3-things-your-lawyer-isn-t-telling-you-to-help-you-succeed-in-your-albuquerque-custody-case-.cfmwww.genuslawgrp.com-191291Thu, 10 Oct 2019 17:57:00 EST