New Mexico Custody, Visitation & Time-Sharing
Current, source-linked New Mexico terminology and rules without imported out-of-state formulas.
New Mexico terminology
Custody
Legal custody (major decisions) and physical custody (where the child lives).
Joint custody
Both parents share major decisions and time; presumed best in an initial determination.
Visitation / time-sharing
Time with a non-custodial parent under a sole custody arrangement.
Best interests
The standard; a child 14+ preference must be considered.
Core rules
- New Mexico uses 'custody' (legal + physical, sole/joint) + 'visitation' / 'time-sharing'
- Joint custody is presumed in the child's best interests in an initial determination (NMSA 40-4-9.1(A))
- The court decides based on the child's best interests (NMSA 40-4-9)
- If a child is 14 or older, the court must consider the child's wishes (40-4-9(B))
- The court shall not prefer one parent as custodian solely because of gender (40-4-9.1(C))
- Joint custody requires a court-approved parenting plan (40-4-9.1(F))
- Cases are heard in District Court
Support and modification cautions
New Mexico uses the Income Shares model under NMSA § 40-4-11.1 and the Basic Child Support Schedule (8.50.108 NMAC). Existing custody arrangements may be modified only on a substantial and material change of circumstances plus best interests.
- NMSA 40-4-9.1 — joint custody; parenting plan
- NMSA 40-4-11.1 — child support guidelines
- New Mexico Courts — self-help
Always confirm current local forms, fees, and filing procedure with the clerk of the New Mexico District Court handling your case.