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If the child's mother and the man claiming to be the child's father don't agree about paternity testing, then either party may file a case with the court at any time before the child's 21st birthday. In these circumstances, a New Mexico court may require paternity testing.
In New Mexico, child custody is always based on the principle that joint custody is in the child's best interest, which means that the New Mexico courts tend to prefer that parents share both legal custody and physical custody (also known as timesharing) of their children.
The laws in New Mexico give the opportunity to both the mother and the father to petition for custody and visitation arrangements. Despite the misconceptions, mothers are not favored over fathers. However, fathers must first establish their paternity in court before they can exercise those rights.
Custody in New Mexico is the right to make major decisions about your child, like where your child lives, goes to school, what kind of health care s/he receives, and what kind of religious training s/he attends. Physical custody is the physical care and supervision of a child (under 18 years of age).
New Mexico Father's Rights 101. The term ?Father's Rights,? is actually a bit misleading when it comes to divorce, custody, and visitation in the state of New Mexico. Mothers and fathers have the exact same rights when it comes to divorce and 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.
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.
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.