New Mexico Child Custody Laws

New Mexico Child Custody Laws

When awarding custody, gender of the parent is not be a determining factor. The courts hold that there shall be a presumption that joint custody is in the best interests of a child, but this does not imply an equal division of the child’s time between the parents or an equal division of financial responsibility for the child.

When determining contested custody cases, the court determines custody in accordance with the best interests of the child, considering all relevant factors including, but not limited to:

a) The wishes of the child’s parent or parents as to his custody.
b) The wishes of the child as to his custodian.
c) The interaction and interrelationship of the child with his parents, his siblings and any other person who may significantly affect the child’s best interest.
d) The child’s adjustment to his home, school and community; and (5) the mental and physical health of all individuals involved.
e) If the minor is fourteen (14) years of age or older, the court shall consider the desires of the minor as to with whom he wishes to live before awarding custody of such minor.

[Based on New Mexico Annotated Statutes 40-4-9, 40-4-9.1]

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