Child Custody & Visitation Blog

Chapter 40 of the New Mexico Annotated Statutes contains the laws and guidelines about child custody for the state. Parents involved in a custody situation should acquaint themselves with the information in these statutes–especially as they make a New Mexico custody agreement. Here is a brief overview of some of the laws.

Joint custody (Chapter 40-9.1)

There is a presumption that a joint custody arrangement is in the best interest of the child. If a parent wants a different type of arrangement, they must show the court that the different arrangement benefits the child. The factors that the court considers when determining if joint custody is best include:

• whether the child has established a close relationship with each parent;
• whether each parent is capable of providing adequate care for the child;
• whether each parent is willing to accept all 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 profit from such involvement and influence from both parents;
• whether each parent is able to allow the other 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; and
• if there has been any history of domestic abuse or violence

When joint custody is awarded, the court must approve a New Mexico parenting plan that shows how the custody will be arranged. The parenting plan must include:

• division of a child’s time and care into periods of responsibility for each parent
• statements regarding the child’s religion, education, child care, recreational activities and medical and dental care;
• designation of specific decision-making responsibilities;
• methods of communicating information about the child, transporting the child, exchanging care for the child and maintaining telephone and mail contact between parent and child;
• procedures for future decision making, including procedures for dispute resolution; and
• other statements regarding the welfare of the child or designed to clarify and facilitate parenting under joint custody arrangements.

Grandparent visitation (Chapter 40-9.2)

Grandparents in New Mexico can be granted visitation rights. This can affect a New Mexico visitation schedule. Factors the court considers when deciding to give grandparents the right to visitation include:

• any factors relevant to the best interests of the child;
• the prior interaction between the grandparent and the child;
• the prior interaction between the grandparent and each parent of the child;
• the present relationship between the grandparent and each parent of the child;
• time-sharing or visitation arrangements that were in place prior to filing of the petition;
• the effect the visitation with the grandparent will have on the child;
• if the grandparent has any prior convictions for physical, emotional or sexual abuse or neglect; and
• if the grandparent has previously been a full-time caretaker for the child for a significant period.

Best interest of the child (Chapter 40-9)

The New Mexico standard is that every decision made about custody must be done in the best interest of the child. This includes decisions about the New Mexico custody schedule. Here are some of the factors that the court considers when deciding if a schedule is in the best interest of the child:

• the wishes of the child’s parent or parents as to his custody;
• the wishes of the child as to his custodian;
• the interaction and interrelationship of the child with his parents, his siblings and any other person who may significantly affect the child’s best interest;
• the child’s adjustment to his home, school and community; and
• the mental and physical health of all individuals involved.