Child Custody in New Mexico

At our law firm, we know that when it comes to child custody in New Mexico, both parents of a minor child have parental and custody rights and responsibilities. In the event of a divorce or separation, custody must be formally established to avoid potential issues further down the line. Failure to have a custody order can even limit your options if the other parent chooses to take the child or act unilaterally.

Typically, the establishment of custody involves creating a parenting plan, timesharing agreement, and child support if necessary. While parents of minor children can come to an agreement among themselves about all of these things, child custody is usually one of the most contentious parts of any divorce. In the likely event that you and your soon-to-be-ex do not agree on all aspects of child custody, the court will facilitate negotiations and determine the terms of the custody agreement based on the best interests of the child.

When it comes to determining child custody in New Mexico, family law courts take into consideration the best interests of the child. Usually, New Mexico courts prefer that both parents share joint legal custody of their children, meaning they share the same amount of responsibility when it comes to making decisions about the children’s education, healthcare, and other aspects of their lives. The judges will also consider other factors such as the age of the child, the child’s preferences (if of suitable age), any history of alcohol, drug, or physical abuse, the present relationship between the child and each parent, and the work schedules of parents.

Legal custody in New Mexico refers to the parent that has the authority and responsibility to make significant decisions for the child in the areas of residence, medical and dental treatment, education or health care, religion, recreation, and more. It does not have an impact on how much time the child spends with that parent. Physical custody, on the other hand, has nothing to do with legal custody and refers to the timesharing split. The child can spend more time with one parent (called the custodial parent) while both parents still have equal rights and responsibilities and vice versa.

In New Mexico, joint custody refers to both parents having both legal and physical custody of their children. This is because maintaining bonds with both parents is ordinarily beneficial to the child's welfare. Joint custody requires a collaborative effort between both parents. In some situations, this may not be considered practical by the Judge or in the child's best interests. Serious problems such as drug abuse, child abuse, neglect, serious criminal issues, or domestic violence, can force the court to limit visitation or in some cases deny custody rights altogether. Sole legal custody of the child, though the exception to the rule, may be awarded to one parent in such cases.

If you need help with a custody case, our expert New Mexico custody attorneys at our law firm can help you. We understand that custody arrangements are highly emotional and sensitive. We will work with you and your family to help you make the best decisions for your child's future. Contact us today for a consultation.