What rights do unmarried mothers have with regard to child custody?
In New Mexico, unmarried mothers have the same rights as married mothers with regard to child custody matters. Unmarried mothers have the right to seek legal and physical custody of their child. The New Mexico constitution includes a presumption that unmarried mothers have the right to primary custody of their child, meaning that the child will live primarily with the unmarried mother. In addition to physical custody, unmarried mothers have the right to seek sole or shared legal custody, which means that the unmarried mother has the right to make decisions about the child’s upbringing, including health care, education, and religious upbringing. Unmarried mothers also have the right to seek child support from the other parent. When making a child custody determination, New Mexico courts consider the best interests of the child, which includes which parent will provide the most stability and security for the child. The court may also consider the child’s living circumstances, the parent’s physical and mental health, and the amount of time each parent spends with the child. Unmarried mothers in New Mexico have the same rights as married mothers with regard to child custody matters. With the assistance of an attorney, an unmarried mother can seek legal and physical custody of her child, as well as child support from the other parent. Ultimately, the goal is to ensure the best interests of the child are met.
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