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Frequently Asked Questions

By Jensen Wallace | June 21, 2021

FAQ Series 1 What’s the difference between physical and legal custody? New Mexico recognizes two types of custody: physical and legal. Physical custody simply means who has physical control of the child; that is, where the child sleeps at night.…

Finding Ways to Stay Involved

By Bobbie Batley | June 21, 2021

Community Involvement 2020-2021 We’re so grateful that our team is dedicated to community involvement in so many unique and creative ways. Here are a few things that we’ve been up to recently outside of the office: · Bobbie was appointed by…

2020 to 2021 A year in Review – Batley Post Covid

By Bobbie Batley | June 21, 2021

What a year (or so) it has been! We have added words like unprecedented, pivot and work from home to our vernacular in a way we never could have anticipated. To put it mildly, our world since March of 2020…

Custody Agreement in State Where Neither Party Lives

By Jensen Wallace | May 14, 2021

Occasionally, parents encounter a unique situation when they are attempting to modify a custody arrangement. The original court case took place in a different state, for example, Arizona, and now neither parent lives in Arizona. While you normally would continue…

Custody When Never Married

By Bobbie Batley | April 23, 2021

Custody of a child when the parents are not married is commonly referred to as a “Parentage” matter. Parentage matters are governed by NMSA 40-11A. The beginning of the process includes establishing the paternity of the Father of the child.…

Kinship Guardianship

By Jensen Wallace | April 1, 2021

Kinship guardianship is a separate section of custody law in New Mexico that’s used when neither parent has custody of the child. Kinship guardianship allows a family caregiver, often a grandparent or aunt/uncle, to gain custody of a child when…

What to Bring to Your Consult

By Bobbie Batley | February 26, 2021

The initial consultation with a Family Law lawyer is the most important step in the process, as it is when you and the lawyer are able to connect on the process you are about to go through. Having all information…

Three Common Mistakes of Holiday Timesharing

By Bobbie Batley | December 15, 2020

The Holidays can be an exciting time of year with snowy weather, family gatherings, and of course presents, however; for timesharing parents, the Holidays can also add stress. While the Holidays can be a time for joy and celebrating, there…

Military Divorce and Healthcare

By Jensen Wallace | November 9, 2020

This is part two of our series on military divorce, find part one here. What happens if you don’t qualify for the 20-20-20 rule and are involved in a military divorce? You may be worried about your healthcare, your spouse’s…

Grandparents and Visitation Rights

By Lauren Riley | November 1, 2020

Grandparents play a special role in many children’s lives. Whether it’s grandma’s baking or fishing trips with grandpa, children who have a relationship with their grandparents may be happier and more secure as they enter adulthood. After divorce, legal separation,…

Twenty is the Magic Number for Military Retirement

By Jensen Wallace | October 9, 2020

If you are in the process of a divorce or thinking about getting divorced from your military spouse, you’ve probably heard the term “20-20-20 rule” before. The 20-20-20 rule comes from the Uniformed Services Former Spouse Protection Act (USFSPA). For…

Time to Sell Your House?

By Bobbie Batley | October 4, 2020

The sale of the marital home is one of the most important parts of the divorce process, as it serves the purpose of either disbursing equity to each party or ridding the parties of a large amount of debt. Here…

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