Custody

Binding arbitration is an out-of-court proceeding in which parties agree to have one or more arbitrators hear specific issues within a custody, visitation, or time-sharing case. An arbitrator could be an experienced attorney or another licensed and experienced professional who is knowledgeable on custody issues. This is a voluntary process. However, once the parties agree to binding arbitration, they have to participate in the process and are bound to the order issued by the arbitrator. ¹

The judge would enforce the arbitrator’s order in the same way that s/he would enforce an order issued in court. A judge can only vacate an arbitrator’s order of custody, time-sharing, or visitation if s/he believes circumstances have changed so drastically that the order is no longer in the best interests of the child or will cause harm to the child.²

¹ N.M. Stat. § 40-4-7.2(A)(2), (B), (C), (D)
² N.M. Stat. § 40-4-7.2(R), (T)