New Mexico Parenting Plans (Custody Plans and Agreements)

A parenting plan (also called a custody plan) outlines the co-parenting relationship of parents who are no longer together. It also helps them avoid disagreements in the future.

Parents who agree on custody arrangements create a joint parenting plan to file with the court.

Parents who disagree on custody arrangements may need to submit separate parenting plans, depending on their county. The judge considers each parent's proposal when making the final custody order. When a plan is not required, parents indicate what type of custody they believe is best for their child in their custody petition.

If you want to negotiate an agreement but cannot do it one-on-one with the other parent, you can hire a lawyer to help you or go to mediation.

You can customize this to fit your situation with Custody X Change.

Parenting plan templates

You can use any template of your choosing.

New Mexico's custody plan template covers the basics of a parenting plan.

The Custody X Change parenting plan template offers more provisions in over two dozen interactive categories. Use it instead of the state's template or with the state's template to add extra parenting rules.

You can customize this to fit your situation with Custody X Change.

Elements of a parenting plan

Physical and legal custody and child support are the topics you must cover in a plan.

Some judges require more. You can find out your judge's preferences through a lawyer or call the court to ask for information.

Physical custody

Parents can have a sole physical custody arrangement or a joint physical custody arrangement.

Joint physical custody, when both parents spend significant time with their child, is most common.

Sole physical custody means the child lives with one parent significantly more. The other parent generally has visitation.

Include a timesharing schedule to designate each parent's time with the children. Adding holiday time is not required but strongly recommended.

You can customize this to fit your situation with Custody X Change.

Whoever has less parenting time generally pays child support. (See below for more on support.) If that parent has at least 35% of the annual time, their timeshare is part of the child support calculation. (The more time they have with the child, the less they pay.)

Legal custody

Legal custody is the right to make decisions about your child's healthcare, schooling, religion and other major topics.

Joint legal custody is most common as the court prefers to give parents equal say in major decisions in the child’s life like schooling and religion.

Sole legal custody puts one parent in charge of decision-making. This only happens when there's good reason, like the other parent is unfit or unavailable to participate in the child's life.

Child support

Include how much child support one parent will pay the other as a contribution to the child's needs. This can be the guideline support amount determined by a child support worksheet or an alternate amount agreed upon by parents.

Use Worksheet A if the payer has less than 35% of parenting timeshare. Use Worksheet B if they have 35% or more timeshare.

Even if you agree to an alternate amount, you must attach a support worksheet to your plan. If you deviate from the guidelines, explain how your decision will support the child's best interests.

Health insurance

Some judges require parenting plans to cover health insurance.

Say who will provide the child's health care coverage (one or both parents) or if the child will be covered by a state health insurance plan.

Miscellaneous topics

You can add as many parenting rules as you think are necessary, but make sure they will work as your child gets older so you don't have to renegotiate your plan too often.

A few helpful topics to cover:

• Communication: How can parents have conversations about co-parenting and stay in touch with the children?
• Travel: If parents are traveling out of state with the child, how much notice must they give? Must they provide the other parent with a travel itinerary?
• Child care when parents are unavailable: If a parent is unable to watch the child, will the other parent have the first chance to fill in?
• Modifications: How often will you review your plan? If you disagree on a change, will you go to court or try mediation?

The easiest way to make a parenting plan

When you're writing a parenting plan, it's critical you use airtight language that leaves no room for interpretation.

If you hire a lawyer, they'll write up the plan and ensure it meets the court's requirements.

If you write your own plan, use technology to take guesswork out of the equation. The parenting plan template in the Custody X Change online app walks you through each step.

You can customize this to fit your situation with Custody X Change.

The result is a professional document that demonstrates your competence as a parent from the first glance.

The easiest and most reliable way to make a parenting plan is with Custody X Change.