Child Custody in New Mexico: Understanding Legal and Physical Custody

Child custody is often one of the most contentious issues in a divorce or separation. In New Mexico, child custody is governed by NMSA § 40-4-9 and § 40-4-9.1. Understanding the law and the different types of custody is essential to ensuring the best interests of the child are met.

Legal Custody in New Mexico

Legal custody refers to the ability to make major life decisions for the child, such as medical decisions, educational decisions, and religious decisions. Legal custody can be awarded solely to one parent, or it can be awarded jointly to both parents. In New Mexico, there is a presumption that joint legal custody is in a child's best interest at the initial custody determination, unless evidence shows otherwise.

Physical Custody in New Mexico

Physical custody refers to the time the child spends with each parent. Physical custody can be awarded primarily to one parent, or it can be awarded jointly to both parents. The amount of time each parent spends with the child can vary depending on the specific circumstances of the case. Child Support will be assessed based on the physical custody or timeshare arrangement.

Best Interest of the Child Standard

In all custody decisions, the best interest of the child is the standard in which the Court must base its decisions. The court considers several factors when determining the best interest of the child, including:

• The wishes of the child, if the child is old enough to express them

• The mental and physical health of the parents

• The relationship between the child and each parent

• The ability of each parent to provide for the child's needs, including education, healthcare, and emotional support

• Any history of domestic violence or substance abuse by either parent

If joint custody is awarded, the court will create a parenting plan that outlines each parent's rights and responsibilities.

Conclusion

Child custody cases can be emotionally charged and complicated, but understanding the law and the different types of custody can help parents make informed decisions. In New Mexico, legal custody refers to the ability to make major life decisions for the child, while physical custody refers to the time the child spends with each parent. The best interest of the child is always the standard for custody decisions, and the court will consider several factors when making these decisions. If you are facing a child custody issue, it is important to seek the advice of an experienced family law attorney.