| The New Mexico Annotated Statutes contain the laws | | | | about child custody, including the adoption of a |
| of the state. Within these laws, Chapter 40 has the | | | | parenting plan, that decision is based on the child's |
| information about child custody matters. Parents | | | | welfare. Some of the factors that the court considers |
| involved in a custody situation should learn the | | | | when deciding what is best for the child include: the |
| guidelines in this chapter, especially the rules that | | | | wishes of the child's parent; the wishes of the child; the |
| pertain to custody agreements. The custody | | | | interaction and relationship of the child with each |
| agreement is the most important thing that results from | | | | parent, the child's siblings, and anyone else who |
| the proceeding, and so parents should ensure that they | | | | significantly affects the child; the child's adjustment to |
| have followed the proper procedure. Here is an | | | | home, school, and community; and the mental and |
| overview of some of the more important laws that | | | | physical health of everyone involved. |
| affect the New Mexico parenting plan. | | | | 3. The child's preference. Chapter 40-4-9 also explains |
| 1. Presumption for joint custody. Chapter 40 explains | | | | that the state of New Mexico considers the |
| that the state of New Mexico assumes that joint | | | | preference of the child when determining the custody |
| custody is in the best interest of the child, unless a | | | | arrangements. The opinion of every child is listened to, |
| mother or father shows evidence to the contrary. This | | | | but once the child is over age fourteen, more weight is |
| means that the courts prefer joint custody | | | | given to that opinion. Basically, a child aged fourteen |
| agreements, and if a parent wants the court to accept | | | | and older gets to choose which parent to live with. To |
| a different type of plan, the parent must prove that the | | | | prepare for this, parents should properly include their |
| plan is in the best interest of the child. Joint custody | | | | children in the making of the custody agreement. The |
| doesn't mean an equal division of parenting time, or an | | | | children should be able to vocalise their preferences, |
| equal division of financial responsibility. Rather, it | | | | and the parents should explain to the children how and |
| encourages both parents to stay involved with the | | | | why they are making certain decisions. The parents |
| child. | | | | should also prepare a custody agreement that allows |
| 2. The best interest of the child standard. Chapter | | | | for more flexibility as the child grows older, because |
| 40-4-9 contains the best interest of the child standard. | | | | the child will have more of a say in what goes on. |
| This means that whenever the court makes a decision | | | | |