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Custody and Parenting Time

Section 40-4-9.1 — joint custody is presumed to be in a child's best interests at the first determination

In an initial custody determination there is a presumption that joint custody is in the child's best interests. Joint custody does not mean an equal division of financial responsibility for the child.

  • NMSA 1978, § 40-4-9.1
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  • The wishes of the child's parents as to custody.
  • The child's wishes as to a custodian.
  • The child's interaction and relationship with parents, siblings and others who may significantly affect the child's best interest.
  • The child's adjustment to home, school and community.
  • The mental and physical health of everyone involved.
  • NMSA 1978, § 40-4-9

For a child under fourteen, the court decides custody by the child's best interests, considering all relevant factors including those above. For a child fourteen or older, the court considers whom the child wishes to live with, and hears the child's testimony privately in chambers.

  • NMSA 1978, § 40-4-9

Joint custody is not substituted for an existing arrangement, or ended, without a substantial and material change in circumstances affecting the child's welfare since the earlier order.

  • NMSA 1978, § 40-4-9.1
Sources for this section (2)
  1. NMSA 1978, § 40-4-9 — Standards for the determination of child custody; hearing
  2. NMSA 1978, § 40-4-9.1 — Joint custody; standards for determination; parenting plan

Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.

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