Child Custody in New Mexico

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When a couple divorces and there is a minor child involved, the divorce decree will specify who has physical custody as well as legal custody of the child. Physical custody determines where and with whom the child will live. Legal custody specifies who has the legal right to make important decisions about the child related to issues such as education, religion, medical issues, and discipline. Spouses often reach an agreement regarding child custody on their own, but if they do not, a New Mexico court will intervene and establish custody arrangements based on the best interest of the child. Divorcesource.com offers a summary of child custody law in New Mexico.

 

There are typically several different custody arrangements that may be made for children of divorced parents. In most cases, courts will award physical custody to one parent with whom the child will live most of the time. The parent with physical custody, or the custodial parent, often shares legal custody, or the right to make decisions regarding the child, with the non-custodial parent. Many child custody arrangements involve joint custody in which the child spends a relatively equal amount of time with each parent.

 

In New Mexico, the court may order joint or sole custody based on the best interest of the child. There is a presumption that joint custody is in the best interest of the child, but the court will not prefer one parent over the other as a custodian based solely on gender. To determine what is in the best interest of a child who is under the age of 14, the court may consider several factors, including the following:

 

  • Wishes of the child's parent or parents as to the child's custody
  • Wishes of the child as to custody
  • Interaction and interrelationship of the child with the parents, siblings, and any significant others
  • Child's adjustment to his or her home, school, and community
  • Mental and physical health of all individuals involved
  • Other relevant factors

 

According to lawyers.com, if a child is age 14 or older, the court will consider the child's preferences as to where he or she would like to live before awarding custody. In determining whether a joint custody order is in the best interest of the child, New Mexico courts will also consider the following factors:

  • Whether the child has established a close relationship with each parent
  • Whether each parent is capable of providing adequate care for the child throughout each period of responsibility
  • Whether each parent is willing to accept all the responsibilities of parenting
  • Whether the child can best maintain and strengthen a relationship with both parents through predictable, frequent contact, and whether the child's development will benefit from the involvement with and influence of both parents
  • Whether each parent is able to allow the other parent to provide care without intrusion
  • The suitability of a parenting plan for the implementation of joint custody
  • Geographic distance between the parents' residences
  • Willingness or ability of the parents to communicate, cooperate, or agree on issues regarding the child's needs
  • Whether a judicial adjudication has been made in a prior or the present proceeding that either parent has engaged in domestic abuse against the child, spouse, or other household member.