4-967. Custody, support and division of property order attachment.
CUSTODY, SUPPORT AND
DIVISION OF PROPERTY ORDER ATTACHMENT 1
1. CUSTODY
[ ] A. [ ] Petitioner [ ] Respondent shall have temporary legal custody of the following child(ren): __________________________________________________________
__________________________________________________________.
[ ] B. [ ] Petitioner [ ] Respondent shall have physical custody of the above child(ren) at all times, except that [ ] respondent [ ] petitioner shall have contact as follows:
[ ] No contact, and stay ________ yards from the child(ren)'s school at all times.
[ ] Contact at the following specified times: _____________________
__________________________________________________________.
[ ] The child(ren) shall be exchanged for visitation at ______________
on __________________________.
[ ] Referred to ______________________ for evaluation or mediation, with appropriate safeguards to protect the parties and allow them to mediate fairly. Contact with the child(ren) is deferred until findings of mediator or counselor.
[ ] C. Custody, visitation and child support will be continued in accordance with the court order in _____________________ County, State of _________, Cause No. ____________.
[ ] D. Other ___________________________________________________________
__________________________________________________________.
[ ] E. [ ] Petitioner [ ] Respondent shall not hide the child(ren) from the other parent or permanently remove the child(ren) from the State of New Mexico. Neither parent should speak negatively about the absent parent in front of the child(ren) or question the child(ren) about the other parent.
[ ] F. Each parent shall immediately notify the other parent about any emergency condition of the child(ren).
2. PROVISIONS RELATING TO SUPPORT
[ ] Temporary support shall be paid by [ ] respondent [ ] petitioner to [ ] respondent [ ] petitioner in the amount of $__________ per month payable _______________.
[ ] Respondent [ ] Petitioner shall provide suitable alternative housing to [ ] respondent [ ] petitioner and any child(ren) to whom the respondent owes a legal obligation of support. This shall be provided as follows:
___________________________________________________________
__________________________________________________________.
[ ] All child support payments shall be made by check or money order made payable to and sent to ________________________________________.
[ ] A separate wage withholding order shall be entered and directed to (employer) ________________________, at _______________________________________ (address).
3. PROPERTY, DEBTS, PAYMENTS OF MONEY
[ ] Neither party shall transfer, conceal, encumber or otherwise dispose of the other party's property or the joint property of the parties except in the usual course of business or for the necessities of life. Each party shall account to the other party for all such transfers, encumbrances and expenditures made by that party after the order is entered.
This means that you shall not give away, hide, add debt to, sell or pawn the property.
[ ] The parties' property shall be temporarily distributed as follows: ______________
________________________________________________________________.
[ ] [ ] Petitioner [ ] Respondent shall have temporary physical custody of the following physical assets2: ___________________________________________
________________________________________________________________
________________________________________________________________.
4. ADDITIONAL PROVISIONS REGARDING CUSTODY, SUPPORT AND DIVISION OF PROPERTY
IT IS FURTHER ORDERED3: ________________________________________
________________________________________________________________.
5. EFFECT OF ORDER
If there is a pending or completed action relating to child custody or child support at the time this order is filed, the court may modify the order, but the portion of the order dealing with child custody or child support must then be transferred to the court that has or continues to have jurisdiction over the pending or prior custody or support action.
This order does not serve as a divorce and does not permanently resolve child custody or support issues.
6. EXPIRATION
The provisions set forth regarding custody, support, and division of property shall expire on the ___ day of __________ at 5:00 p.m., unless explicitly extended by court order. Either party may petition the court to extend the provisions regarding custody, support, and division of property.
USE NOTES
1. This form may be modified as appropriate and attached to an order of protection in any domestic violence proceeding.
2. List personal assets. A separate schedule may be attached to this order.
3. If appropriate, an order providing for restitution may be included in this paragraph.
[Approved, effective November 1, 1999 until July 1, 2001; approved, as amended, effective May 1, 2001; as amended by Supreme Court Order No. 12-8300-026, effective for all cases filed or pending on or after January 7, 2013.]