This pamphlet provides an overview of primary custody. Topics covered include what primary custody is, court evaluations, and how primary custody is chosen.
New Mexico USLegal Pamphlet on Primary Custody
State:
Multi-State
Control #:
US-PMPH-16
Format:
Word;
Rich Text
Instant download
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FAQ
It is the official position of the State of New Mexico that children benefit from having both parents in their lives and joint custody is the preferred custodial arrangement.
Yes, New Mexico is considered a 50/50 custody state. The courts in NM generally prefer to award joint custody to both parents unless there are compelling reasons to do otherwise. Joint custody can be either physical or legal, or both. Of course, not all 50/50 custody arrangements are precisely equal.
If you want to have primary physical custody of your child, you must prove that your the parent who takes care of their daily needs, takes them to school, to doctor's appointments, helps them with their homework and is involved in their life.
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.
Is New Mexico a ?Mother's State?? Mothers and fathers have the exact same rights when it comes to divorce and custody in New Mexico, however, there are some biases that remain in the courtroom towards mothers. The reason this bias started was from a court precedent called ?the tender year's doctrine?.
Some of the reasons a court might choose to grant a petition for full custody include the following: Relocation to an area that makes joint child custody impossible. Proven drug or alcohol abuse. Domestic abuse. Incarceration in jail or prison. Abandonment. An inability to care for or supervise the child(ren)
New Mexico law assumes that ?joint custody is best for children. Joint custody means that both parents make legal decisions (ie. school, doctor, dentist, activities in which the child participates), spend time with the children and are involved with them.
