New Mexico courts permit Joint custody and visitation rights to grandparents.
“Best interest of the child” is the primary factor considered by the court to determine child custody.
Though this is the same standard followed by almost every state in the US, in New Mexico, if the child is 14 years old, the court considers a child’s preferences rather than deciding the custody on the basis of “best of child’s interest.”
To decide custody of a child under 14 years, the court considers the following factors:
- Child’s and the parents wish regarding the custodian.
- Relation and interaction between the child and parents; and any other relevant person (siblings and grandparents) of the family who may affect the best of the child’s interest.
- Age and health of the child and parents.
- Child’s adjustment to the community, school, and home.
NOTE: Gender and race of parents cannot be determining factors in child custody.
Also, both parties can come up with a parenting plan; however ,if the court doesn’t find it suitable to the child’s best interest, the plan can be rejected.
Need of an attorney
Whether you are filing for the child custody or need an amendment in the child custody arrangement due to changed circumstances, it is best to consult or hire an experienced child custody attorney in New Mexico.
The attorney can help you understand the updated laws and procedures as well as your rights regarding child custody.
Also, he/she can assist you to prepare your case, if it goes for trial.