A stipulation is an agreement made by parties or by their attorneys in a judicial proceeding before the court. Stipulations are often made on procedural matters. Stipulations are also sometimes made regarding factual matters not in dispute in order to save time required in producing evidence in court.
There are two kinds of custody: legal custody and physical custody. Custody battles most often arise in a divorce or separation, requiring a court's determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. When both parents share custody of a child after a divorce it is called joint custody. Joint custody may be either legal or physical custody. Physical custody, designates where the child will actually live, whereas legal custody gives the custodial person(s) the right to make decisions for the child's welfare. Child custody can be decided by a local court in a divorce or if a child, relative, close friend or state agency questions whether one or both parents is unfit, absent, dead, in prison or dangerous to the child's well-being. In such cases custody can be awarded to a grandparent or other relative, a foster parent or an orphanage or other organization or institution. In some jurisdictions, if a child is old enough, their preferences are taken into consideration.
The basic consideration on custody matters is supposed to be the best interests of the child or children. Mental anguish suffered by the child due to visitation or lack thereof is one factor that may be considered in determining a child's best interest. In most cases the non-custodial parent is given visitation rights, which may include weekends, parts of vacations and other occasions. The custody order may be modified if circumstances warrant.
New Mexico Stipulation Regarding Joint Custody of Children: A New Mexico Stipulation Regarding Joint Custody of Children is a legal agreement that outlines the terms and conditions for sharing parental responsibilities after a divorce or separation. This stipulation reflects the state laws and regulations pertaining to child custody, ensuring the well-being and best interests of the children involved. In New Mexico, there are different types of joint custody arrangements that can be specified in a stipulation: 1. Joint Legal Custody: This type of custody allows both parents to participate in making major decisions regarding the child's upbringing, including education, healthcare, and religious activities. It emphasizes shared responsibilities and active involvement from both parents. 2. Joint Physical Custody: With joint physical custody, the child spends substantial time with both parents. The time-sharing arrangement is typically divided equally or in a manner that suits the child's best interests. This ensures that the child has regular and meaningful contact with both parents. 3. Combination of Legal and Physical Joint Custody: This arrangement combines both joint legal and physical custody, providing parents with equal decision-making authority and significant parenting time. It encourages cooperation and collaboration between parents to provide a stable and nurturing environment for the child. The New Mexico Stipulation Regarding Joint Custody of Children addresses various aspects related to child custody, including: 1. Visitation Schedule: It specifies the visitation schedule, including regular and holiday visitation, as well as vacation and summer plans. This ensures that both parents have ample opportunities to spend time with their child. 2. Parental Decision-Making: It outlines the process for making major decisions regarding the child's education, healthcare, religious upbringing, and extracurricular activities. It ensures that both parents have equal input and involvement in these decisions. 3. Communication and Co-parenting: The stipulation encourages effective communication between parents for the well-being of the child. It may include guidelines for sharing information, resolving conflicts, and maintaining a respectful co-parenting relationship. 4. Child Support: While not directly related to custody stipulations, it is common for child support to be addressed in parallel. The stipulation may outline the financial responsibilities and obligations of both parents towards the child's upbringing. It is important to consult an experienced family law attorney to draft a New Mexico Stipulation Regarding Joint Custody of Children, specifically tailored to individual circumstances while complying with the state's legal requirements. This stipulation helps provide clarity and stability in post-divorce or separation parenting arrangements, prioritizing the child's best interests and fostering a positive co-parenting relationship.New Mexico Stipulation Regarding Joint Custody of Children: A New Mexico Stipulation Regarding Joint Custody of Children is a legal agreement that outlines the terms and conditions for sharing parental responsibilities after a divorce or separation. This stipulation reflects the state laws and regulations pertaining to child custody, ensuring the well-being and best interests of the children involved. In New Mexico, there are different types of joint custody arrangements that can be specified in a stipulation: 1. Joint Legal Custody: This type of custody allows both parents to participate in making major decisions regarding the child's upbringing, including education, healthcare, and religious activities. It emphasizes shared responsibilities and active involvement from both parents. 2. Joint Physical Custody: With joint physical custody, the child spends substantial time with both parents. The time-sharing arrangement is typically divided equally or in a manner that suits the child's best interests. This ensures that the child has regular and meaningful contact with both parents. 3. Combination of Legal and Physical Joint Custody: This arrangement combines both joint legal and physical custody, providing parents with equal decision-making authority and significant parenting time. It encourages cooperation and collaboration between parents to provide a stable and nurturing environment for the child. The New Mexico Stipulation Regarding Joint Custody of Children addresses various aspects related to child custody, including: 1. Visitation Schedule: It specifies the visitation schedule, including regular and holiday visitation, as well as vacation and summer plans. This ensures that both parents have ample opportunities to spend time with their child. 2. Parental Decision-Making: It outlines the process for making major decisions regarding the child's education, healthcare, religious upbringing, and extracurricular activities. It ensures that both parents have equal input and involvement in these decisions. 3. Communication and Co-parenting: The stipulation encourages effective communication between parents for the well-being of the child. It may include guidelines for sharing information, resolving conflicts, and maintaining a respectful co-parenting relationship. 4. Child Support: While not directly related to custody stipulations, it is common for child support to be addressed in parallel. The stipulation may outline the financial responsibilities and obligations of both parents towards the child's upbringing. It is important to consult an experienced family law attorney to draft a New Mexico Stipulation Regarding Joint Custody of Children, specifically tailored to individual circumstances while complying with the state's legal requirements. This stipulation helps provide clarity and stability in post-divorce or separation parenting arrangements, prioritizing the child's best interests and fostering a positive co-parenting relationship.