New Mexico Child Custody Factors
- Wishes of the child’s parent or parents as to his custody.
- Wishes of the child as to his custodian.
- Interaction and interrelationship of the child with his parents, his siblings and any other person who may significantly affect the child’s best interest.
- Child’s adjustment to his home, school, and community.
- Mental and physical health of all individuals involved.
- If the child is fourteen years of age or older, the court shall consider the desires of the minor as to with whom she wishes to live before awarding custody of such minor.
In addition, for joint custody:
- 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, including a willingness to accept care of the child at specified times and to relinquish care to the other parent as specified times.
- Whether the child can maintain and strengthen a relationship with both parents through predictable, frequent contact and whether the child’s development will profit from such involvement and influence from both parents.
- Whether each parent is able to allow the other to provide care without intrusion, that is, to respect the other’s parental rights and responsibilities and right to privacy.
- Suitability of a parenting plan for the implementation of joint custody, preferably, although not necessarily, one arrived at through parental agreement.
- Geographic distance between the parents’ residences.
- Willingness or ability of the parents to communicate, cooperate or agree on issues regarding the child’s needs.
- Whether a judicial adjudication has been made in a prior or the present proceeding that either parent or other person seeking custody has engaged in one or more acts of domestic abuse against the child, a parent of the child or other household member.
- The court shall not prefer one parent as a custodian solely because of gender.
New Mexico Statutes Sec. 40-4-9-1
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Comments
Comment from Session
Time: March 11, 2008, 11:50 am
I am a thirty yr old blk male who recently found out that the mother of my five year old has been telling her familly ive never been there dont care to be there and that i want nothing to do with my daughter. I have been wondering why she would make up excuses when i would talk of joint birth day parties she would say her familly hates me fI know why now. I have two more beautiful daughters one 8 the other 1 I only make 9 dollars an hour and I pay too much child support on my current wages I can hardly take care of my daughters, im currintly looking for other jobs but untill then what do i do and also how do I get more custody.
Comment from papa
Time: March 11, 2008, 12:37 pm
Hi Session, thanks for stopping by. As to your question of what to do and how to get more custody, please read this post. It leads to a very cool forum where dads ask questions and get answers.
In addition, there are a lot of other good resources on the right hand sidebar of the home page. I point you to these sites because they can provide better answers than I can.
Good luck!
Comment from Tom & Family
Time: April 7, 2008, 7:40 pm
How do I get my attorney to quit feeling sorry for my soon to be ex wife? Does anyone know a good child custody attorney in New Mexico?
I have joint custody and my son lives with me, but she is being allowed to harass me on a daily basis. We have a parenting plan in the courts, but my attorney is making her abide by it. What can I do?
Comment from papa
Time: April 10, 2008, 12:21 am
Tom & Family, what a mess. I always feel terrible when somebody has a lawyer who’s heart isn’t in the right place. Technically speaking, that’s illegal too. Your lawyer is supposed to be a diligent advocate for YOUR best interest!
You ask what you can do. To begin, if you’re going to have a lawyer, it sounds (based upon your short comment) like you need a different one! I wouldn’t want an attorney who is overly sympathetic to my adversary! Now, I don’t know too many details about the situation… but…
This is a good forum that can help you. And, you can get questions answered by a legal expert for a small fee.
Comment from matt Dominguez
Time: April 12, 2008, 10:36 pm
my x has recently drug me back to court after 15 years she has now claimed i did not pay child support from 1993 to 2001 and my bank statements only go back 7 years! she just got 36,000 in back child support what can i do I have a new wife and child and he is autistic and i cannot afford to help him i cant even pay my bills my x now gets 550 a mo and i only make 1600 a month help
Comment from bob
Time: June 12, 2008, 4:38 pm
can my soon to be ex-wife take my child and move out of state
Comment from papa
Time: June 12, 2008, 8:34 pm
Bob, once again… not enough information given. People ask questions and they don’t leave enough details about their situation in order for me to provide an answer.
Come on people. Let’s start acting like you give a God damn ……
Do you already have any type of Order in place?
If so, what does it say about visitation????? ……
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