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.
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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.
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.
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.
Sources for this section (2)
- NMSA 1978, § 40-4-9 — Standards for the determination of child custody; hearing
- 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.