Child Custody helping you begin again

Child Custody Attorney in Santa Fe

AAML-Credentialed Family Law. A Full Team Behind You.

Child custody disputes demand more than general legal knowledge. They require attorneys who understand New Mexico family law, know how the First Judicial District Court operates, and can build a strategy around what actually matters: your child’s well-being. At Batley Riley Family Law, we’ve practiced family law in New Mexico since 1993, and we bring that depth to every custody case we handle in Santa Fe.

Roberta S. Batley holds credentials that few family law attorneys in New Mexico carry. She is a Fellow of the American Academy of Matrimonial Lawyers (AAML), a Fellow of the International Academy of Family Lawyers, and a Diplomate of the American College of Family Trial Lawyers, an organization with membership capped at 100 attorneys nationwide. In 2025, she completed AAML Mediator Certification, adding formal mediation credentials to her courtroom experience. Lauren E. Riley brings her own recognition: NM State Bar Outstanding Young Lawyer of the Year and Best Lawyers: Ones to Watch for Family Law. The firm also carries AV Preeminent and Best Lawyers ratings.

When you hire Batley Riley Family Law, you have a full team behind you: attorneys, paralegals, and support staff who work together on your case. Santa Fe custody matters are handled in the First Judicial District Court, and our attorneys appear regularly in New Mexico family courts, giving our clients informed perspective on how local judges evaluate custody disputes. Families with children in pending or reopened cases are typically directed to engage with Family Court Services (FCS), an office of the First Judicial District that provides education, mediation, and assessment services for families in Santa Fe, Los Alamos, and Rio Arriba Counties.

If you’re facing a custody matter in Santa Fe, NM, contact Batley Riley Family Law at (505) 576-7296 to start with an intake interview and schedule your consultation with an attorney.

New Mexico Child Custody Law: What Parents Need to Know

New Mexico law recognizes two types of custody. Legal custody governs decision-making authority over a child’s education, healthcare, and religious upbringing. Physical custody determines where the child lives and who provides daily care. Courts can award joint or sole arrangements for each type independently, and joint legal custody is presumed to be in the child’s best interests in an initial determination.

Every custody decision in New Mexico is guided by the best interests of the child standard. Courts don’t favor either parent based on gender or income alone. Instead, judges weigh factors specific to the child’s life and each parent’s relationship with them. Timesharing, the schedule governing when the child spends time with each parent, is how physical custody plays out day to day and is typically formalized in a parenting plan.

Children who are 14 or older may have their preferences considered by the court, though the final decision always rests with the judge. New Mexico law also allows grandparents to petition for visitation under specific conditions: when the parents are divorced, legally separated, or involved in a paternity proceeding; when one or both parents are deceased; or when the child has lived with the grandparent for a qualifying period.

How Custody Cases Move Through the First Judicial District Court

Child custody cases in Santa Fe are filed in the First Judicial District Court, which has dedicated Family Court divisions. When parties with minor children file or reopen a custody or visitation case, they’re typically directed to work with Family Court Services (FCS). A key component of that process is the Advisory Consultation: a consultant gathers background from both parties, assesses the parents and children, and produces a written report with recommendations on custody outcomes. That report can be introduced into evidence, and the consultant may be called to testify. Priority Consultations run approximately three and a half hours on weekdays, with fees set on a sliding scale based on each party’s income. Knowing what to expect from this process and how to prepare for it can affect how your case develops.

Bobbie and her team are absolutely the best of the best
“They are professional and kind and caring and protective of their clients and AMAZING at what they do. When I say they are the best of the best, I mean it! In what will likely be the toughest time of your life, it is a Godsend to have these ladies on your team.”

- Melissa V.

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Meet Our Team

Our Approach to Santa Fe Child Custody Cases

We work with clients who are focused on their children and oriented toward workable solutions, whether that means a negotiated parenting plan or full courtroom litigation when the situation calls for it. Our clients include business owners and other individuals navigating high-stakes custody matters who need representation that’s both sophisticated and steady. Custody cases don’t follow a single template, and neither does our approach.

A well-constructed parenting plan covers more than a weekly schedule. It addresses holidays, school decisions, healthcare, and a clear process for resolving future disagreements, which can reduce conflict and give both parents a structure they can rely on. When parties can reach agreement, mediation is often a faster and less adversarial path to that outcome.

Batley Riley Family Law offers two distinct mediation options for Santa Fe families. Lauren E. Riley provides flat-rate mediation for families, including cases where one or both parties are unrepresented. Roberta S. Batley, who completed her AAML Mediator Certification in 2025, works with parties who are already represented by counsel. Both options are built around helping families reach durable, child-focused agreements without unnecessary escalation.

What New Mexico Courts Consider When Evaluating Custody

Judges don’t apply a single formula. They look at the full picture of a child’s life: adjustment to home, school, and community; each parent’s relationship with the child; and the mental and physical health of everyone involved. Courts also weigh each parent’s willingness to accept caregiving responsibilities and the quality of the co-parenting relationship going forward.

Practical realities matter too. Work schedules, transportation arrangements, and the distance between homes all factor into whether a proposed parenting plan is realistic. Documentation counts: school records, medical records, and communications between parents may all be reviewed. In cases where parenting concerns require independent investigation, the court may appoint a guardian ad litem or order a formal custody evaluation. Proving that a parent is unfit requires clear and convincing evidence that their conduct puts the child’s health, safety, or emotional well-being at risk. General accusations aren’t sufficient.

Modifying an Existing Custody Order in New Mexico

Circumstances change, and New Mexico law allows either parent to file for a modification hearing when they do. The parent seeking the change must show two things: that a substantial and material change in circumstances has occurred since the original order was entered, and that the proposed modification serves the child’s best interests.

Common triggers include a parent’s relocation, a significant shift in the child’s needs, changes in work schedules or living situations, or repeated violations of the existing order. When a co-parent consistently disregards a custody agreement, they may be held in contempt of court. Remedies can include fines, rescheduled parenting time, or custody modifications in cases involving repeated violations.

Our FAQ

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 505-576-7296 today!

While all of our attorneys are ready to try your case if necessary, most cases are settled by negotiation and without court intervention.
Absolutely. All members of the Firm understand the importance of keeping all matters private and confidential.
Based on the complexity of our cases, the attorneys not only handle divorce matters, but work with other experts on business and property valuations, professional and celebrity goodwill, tax, trust and estate planning matters as well as investment and pension issues for our clients.

Your Life is
Unique & Complex

You shouldn’t settle for a one-size-fits-all approach.
You deserve a plan designed just for you.

Why Santa Fe Families Work With Batley Riley Family Law

We’re a New Mexico firm, and that matters to us. We’re not a national practice with a satellite presence in Santa Fe. We know the courts, we know the law, and we know what family law in this state actually requires. Our clients have access to a full team, not just an attorney, and that team is engaged from intake through resolution.

The recognition our attorneys have earned reflects peer evaluation, not self-promotion. Roberta S. Batley’s AAML Fellowship is one of the most selective peer-reviewed credentials in family law. The firm carries Super Lawyers Top 25 recognition and a 10-year Super Lawyers listing. Clients have described outcomes that made a real difference for their families, and others have noted the team’s consistent, proactive communication throughout their custody matters.

Schedule a Consultation With Our Santa Fe Custody Attorneys

Custody decisions shape your child’s life for years. You deserve a team that takes that seriously from day one. We offer both in-person and virtual consultations, and the process starts with a brief intake interview so we can understand your situation before scheduling time with an attorney.

Call Batley Riley Family Law at (505) 576-7296 or reach us through our online contact form to get started.

Navigating Family Court Services in Santa Fe

For many Santa Fe families, the Family Court Services process is unfamiliar territory. The FCS advisory report can be introduced as evidence, and the consultant may testify, so how you prepare and what documentation you bring matters more than most people expect.

Our attorneys can help clients get ready for the FCS process, including organizing school records, medical records, and other materials the court is likely to review. We’ve handled custody cases throughout New Mexico family courts and can help you understand what local judges weigh when evaluating the factors in your case. Having that context early, before an advisory consultation or a hearing, can make a real difference in how your case unfolds.

Why Choose Batley Riley Family Law?

We Are Committed to Your Success
We Empower You to Make the Right Choices
You Will Have Your Questions Answered
We Will Help You Find Your Way Forward

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