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New Mexico Child Custody Laws

by Kelly G.

New Mexico Child Custody Laws, Child Custody Laws

What are the New Mexico Child Custody Laws?

After they decide to divorce or separate, parents become responsible for arriving at a lot of decisions actually like their divorce decision. Among them, the custody of the child is an important factor they should discuss and decide. The New Mexico child custody laws motivate parents to come to this decision on their own without taking the issue to the court. If you are not in a position to decide the custody of your child, you can take it to the court, where the court will make the custody decisions based on the interest of your child. As a rule, the court favors joint custody of your child. However, under certain situations, joint custody might be granted.

New Mexico Child Custody:

Here are some details about the Child Custody Laws in New Mexico to help you arrive at the right decision:

Code Sections:

The child custody in this state is governed by the following code sections:

  • 40-4-9.1: Joint Custody
  • 40-4-9: Standards for Child Custody determination
  • 40-4-8: Contested Custody
  • Article 10A: Child Custody and Sections
  • Chapter 40: Domestic Affairs
New Mexico Child Custody Laws

Uniform Child Custody Act:

Shortly referred to as UCCJEA, the Uniform Child Custody Jurisdiction and Enforcement Act was adopted in the state of New Mexico in the year 2001. At first, the UCCJA expanded as the Uniform Child Custody Jurisdiction Act was enacted in the year 1981 and after suspending this Act, the UCCJEA was adopted in the state in the year 2001.

Joint Custody:

As mentioned earlier, the New Mexico child custody law generally recommends joint custody of the child. This encompasses, where the child lives, who will make the educational, medical and life decisions on behalf of the minor child. In deciding whether joint custody will be the best choice, the best interests of the kid will be considered taking into account the other factors that are listed below:

  • Is the kid has an association closely with the mom and the dad?
  • Do both the mom and the dad have the ability to provide sufficient care for the child, inclusive of respecting the privacy of the separated spouse and parental rights?
  • Are both the mom and the dad are ready to take up the parenting responsibilities including surrendering and accepting care to the other parent at appropriate times.
  • Will frequent interaction help with reinforcing the relationship of the child with both parents and if the development of the child will benefit from the involvement of both the mom and the dad.
  • The distance between the homes of the mom and the dad
  • Suitability of the parenting plan arrived at through a parental agreement
  • The competence and the readiness of the parents to communicate and to cooperate on the needs of the child
  • The parenting plan should be to safeguard the interest of the child if he/she has experienced any sort of abuse from one of the parents.

Child Custody Laws

The child’s Interests:

Your child will get the chance to state the preference as to which parent he/she wishes to live. However, at the age of 14 years, the court shifts to considering the wishes of the child more seriously.

Once the divorce order or parenting plan is signed by the judge, the papers are filed with the court clerk. Both parents should bind by the parenting plan and other custody approval stated in the papers. If you need any modification, you will have to get the court approval.

Modification of the child’s custody:

A parent planning to request a modification of the present order of child custody should be prepared to present the proof of the substance or a material change of situations. Further, a New Mexico Court as per Child Custody Laws will demand the parent to prove that these situational changes can hurt the best interest of the child.


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