New Mexico Child Custody Laws

New Mexico Child Custody Issues & Resources

New Mexico Child Custody

New Mexico child custody will be determined based upon the best interests of the child. In determining child custody, a New Mexico Court will consider the following factors: 
  • the wishes of the child (if the child is 14 years or older); 

  • the wishes of the parents; 

  • the relationship of the child with parents, siblings, and other significant family members; 

  • the child's adjustment to his or her home, school, and community; and

  • the mental and physical health of all individuals involved.

A New Mexico Court will presume that joint custody is in the best interests of the child. In determining joint custody, the Court will consider the above referenced factors and the following: 

  • the ability of the parents to cooperate and make decisions jointly;

  • the physical proximity of the parents to each other as this relates to the practical considerations of where the child will reside; 

  • whether an award of joint custody will promote more frequent or continuing contact between the child and each of the parents;

  • the love, affection, and other emotional ties existing between the parents and the child; 

  • the capacity and disposition of the parents to provide the child with food, clothing, medical care, and other material needs; 

  • whether each parent is willing to accept all the responsibilities of parenting, including a willingness to accept or relinquish care at specified times; 

  • whether each parent is able to allow the other to provide care without intrusion; and 

  • the suitability of a parenting plan for the implementation of joint custody.

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