Custody

If you are uncomfortable with the abuser being alone with your child or if you feel unsafe when exchanging the child for visitation, you may request the services of the Safe Exchange & Supervised Visitation (SESV) program. The judge can appoint an SESV program to:

1. stay with the child for a short period of time while waiting to be picked up by the other parent; or
2. supervise visits between the parent(s) and child.¹

The judge will order the participation in the SESV program if s/he believes it is in the best interest of the child. If ordered, both parents may have to pay the cost of this program on a sliding fee scale that is based on their ability to pay for the service.²

However, if there is no current court case, please get legal advice before you start a court case to ask for a safe exchange or supervised visitation. We strongly recommend that you talk to an attorney who specializes in custody matters to find out what you would have to prove to get the visits supervised and how long supervised visits would last, based on the facts of your case.

In the majority of cases, these safety measures are only temporary. Although the exact visitation order will vary by state, county, or judge, the judge might order a professional to observe the other parent during a certain amount of visits and if there are no obvious problems, the visits may likely become unsupervised. Oftentimes, at the end of a case, the other parent ends up with more frequent and/or longer visits than s/he had before you went into court or even some form of custody.

To find out what may be best in your situation, please go to NM Finding a Lawyer to seek out legal advice.

¹ N.M. Stat. § 40-12-5.1(A)
² N.M. Stat. § 40-12-5.1(C)