New Mexico Child Custody and Child Visitation

Children go through an emotionally exhaustive process when their parents go through New Mexico child custody and child visitation proceedings. New Mexico courts hope that parents can compromise on how to raise their children and swiftly resolve child custody and child visitation issues. If parents are not able to come to a compromise, then the courts will intervene and appoint custody and provide visitation rights where necessary. New Mexico follows the best interest of the child's standard when determining these issues. The standard takes into consideration a number of factors provided by New Mexico law. It is important to discuss any concerns or questions with a New Mexico child custody attorney.

New Mexico Child Custody

In determining child custody, New Mexico courts follow the best interests of the child standard. Under this standard, a custody situation that serves the child's best interests is decided after reviewing the following:

• The child's reasonable wishes
• Each parent's wishes as to custody
• Interaction and interrelationship between the child and his parents, his siblings, and any other person who may significantly affect the child's best interest
• The child's adjustment to his home, school, and community
• The mental and physical health of all individuals involved

Courts in New Mexico may award either joint custody or sole custody of a child. There is a presumption that joint custody is in the best interests of the child. This presumption can be rebutted if it is shown that joint custody is against the child's interests. In determining whether joint custody is in the best interests of the child, New Mexico courts will look at the following:

• Whether the child has established a close relationship with each parent
• Whether each parent is capable of providing adequate care for the child throughout each period of responsibility, including arranging for the child's care by others as needed
• Whether each parent is willing to accept all responsibilities of parenting
• Geographic distance between the parents
• Whether either party has a history of child abuse or domestic violence

Once a final custody order has been created, New Mexico courts may not alter the child custody order unless there is a substantial and material change in circumstances warranting a modification of the order.

To best prepare yourself for child custody proceedings, it is highly recommended that you hire a New Mexico child custody attorney.

New Mexico Child Visitation Rights

Generally, noncustodial parents and nonparents may gain visitation rights in New Mexico - rights to visit and spend time with the child - if it is found to be in the child's best interests. If granting such child visitation is detrimental to the child's best interests, the court will abstain from providing these rights.

Grandparents may receive visitation rights if the court deems proper. In determining whether to grant child visitation, New Mexico courts will assess the following factors:

• Any factors relevant to the child's best interests
• The prior interaction between the grandparent and child
• Prior interaction between the grandparent and each parent of the child
• Time-sharing or visitation arrangements that were in place prior to the arrangement
• The effect the visitation with the grandparent will have on the child
• If the grandparent has previously been a full-time caretaker for the child for a significant period

The importance of visitation rights proceedings warrants that you do everything possible to present the best case possible. As such, you should hire a New Mexico child custody attorney with experience working on visitation rights.

New Mexico Statutes

Child Custody and Visitation Rights

1. New Mexico Child Custody

1. Chp. 40, Art. 4 §§ 40-4-9, 9.1.

2. New Mexico Visitation Rights

1. Chp. 40, Art. 9 §§ 40-9-2