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What is an Ex Parte Motion In New Mexico? Once a motion is filed, notice to the opposing party isn't required with regards to the court issuing an order or having a hearing to determine whether or not it is in the best interest of the child to change custody.
New Mexico courts decide custody based on the ?best interests of the child." This is the same standard as most states. What's different in New Mexico is at 14 years old, a court considers the desires of the minor rather than determining custody based on the best interest standard.
New Mexico law (§ 40-4-9 B) states that: ?If the minor is fourteen 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.?
The courts may award sole custody (which means the sole right to make decisions) with the other parent having visitation, or even supervised visitation, in unique cases where the parents are unable to communicate sufficiently to co-parent, where one parent cannot be trusted to make good decisions for the child, where ...
When Can a Child Refuse Visitation in California? As in most other states, children in California aren't allowed to refuse to visit a parent under existing visitation orders until they reach adulthood (18 years of age) or otherwise become legally emancipated.
It's important to remember that New Mexico is considered a ?50-50 state?. This means that New Mexico family court judges prefer for both parents to be actively involved in their child's life.
Joint Custody in New Mexico Judges use the standard of what's in the best interest of the child when making these determinations. That means they will consider who is the primary caregiver when deciding who will have primary physical custody.