Child Custody Laws in New Mexico
How courts in New Mexico decide child custody and parenting time, the best-interest factors, and whether parents must take a class or try mediation.
Short answer: Custody is decided by the child's best interests, considering factors such as each parent's wishes, the child's wishes, the child's relationships with parents, siblings and others, adjustment to home, school and community, and the mental and physical health of everyone involved. NMSA 1978 §§ 40-4-9, 40-4-9.1
| Child custody | Custody is decided by the child's best interests, considering factors such as each parent's wishes, the child's wishes, the child's relationships with parents, siblings and others, adjustment to home, school and community, and the mental and physical health of everyone involved. If the child is 14 or older, the court must consider the child's wishes about where to live, and testimony from a child about custody is taken in a private hearing in chambers. There is a presumption that joint custody is in the child's best interests in an initial custody determination. NMSA 1978 Chapter 40 (Domestic Affairs) on NMOneSource, the official New Mexico Compilation Commission site. Source: NMSA 1978 §§ 40-4-9, 40-4-9.1 |
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| Parenting class or mediation | According to the courts' self-help page, the judge may order the spouses to attend a parent education workshop focused on co-parenting, and some judicial districts may require mediation first. |
Where to get help in New Mexico
More New Mexico divorce & family law
- Getting a Marriage License in New Mexico
- Adopting a Child in New Mexico
- Guardianship of a Child or Adult in New Mexico
- Establishing Paternity in New Mexico
- Changing Your Name in New Mexico
- How Child Support Is Calculated in New Mexico
- Alimony and Spousal Support in New Mexico
- How to File for Divorce in New Mexico
- Legal Separation and Annulment in New Mexico
- All New Mexico divorce & family law rules
FAQ
How is child custody decided in New Mexico?
Custody is decided by the child's best interests, considering factors such as each parent's wishes, the child's wishes, the child's relationships with parents, siblings and others, adjustment to home, school and community, and the mental and physical health of everyone involved. If the child is 14 or older, the court must consider the child's wishes about where to live, and testimony from a child about custody is taken in a private hearing in chambers. There is a presumption that joint custody is in the child's best interests in an initial custody determination.
Do you have to take a parenting class to divorce in New Mexico?
According to the courts' self-help page, the judge may order the spouses to attend a parent education workshop focused on co-parenting, and some judicial districts may require mediation first.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.