Custody

When making a decision about custody of a child who is 14 years of age or older, a judge will consider the wishes of the child when deciding custody.¹

If a child is under 14 years of age, a judge will consider the best interests of the child. A judge will consider all relevant factors, including but not limited to:

• the wishes of the parents;
• the wishes of the child;
• the relationship the child has with his/her parents, siblings, and any other person significantly affecting the child’s best interests;
• the child’s adjustment to his/her home, school, and community; and
• the mental and physical health of the children and the parties involved.²

If the judge is going to consider the child’s wishes, whatever the age of the child, the child will testify in private, in the judge’s chambers, with only the judge, the child, and a court reporter present.³

In addition, New Mexico law prefers that parents share joint custody of children. When deciding whether joint custody is in the best interests of a child, the judge will consider:

• all of the factors mentioned above; and
• the following additional factors:
  
  • whether the child has a close relationship with each parent;
  • if each parent is able to provide adequate care for the child;
  • whether the parents are willing to accept all of the responsibilities of parenting, including picking up the child and dropping off the child as needed;
  • whether the child can maintain healthy relationships with both parents through consistent, meaningful contact;
  • whether the child’s development will benefit from contact with both parents;
  • whether each parent is able to allow the other parent to provide care for the child without interfering with his/her parenting time;
  • how suitable the parenting plan is to joint custody;
  • how far apart the parents live from one another;
  • whether the parents are willing to communicate and cooperate on issues that involve the child; and
  • whether a judge in this case or another case has made a determination that one of the parties seeking custody has committed domestic violence or child abuse against the other party, the child, or another household member.⁴

¹ N.M. Stat. § 40-4-9(B)
² N.M. Stat. § 40-4-9(A)
³ N.M. Stat. § 40-4-9(C)
⁴ N.M. Stat. § 40-4-9.1(B)