New Mexico Parenting Plan Developed and Agreed by Parties for their Child
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FAQ
Paternity is the legal equivalent of fatherhood, and in the state of New Mexico, it means a government agency or court has determined someone to be a child's father. However, in addition to this legal process, parents can also voluntarily establish paternity.
The most common arrangement is one in which one parent has sole physical custody, both parents have legal custody, and the noncustodial parent is granted visitation time.
When a parent violates a court-ordered or agreed-upon parenting plan, they run the risk of being held in contempt of court. Not only that, but they could face custody and visitation-related consequences if the court considers it to be a serious and consistent enough issue.
In New Mexico, is there a bias favoring mothers in custody cases? In child custody cases and any domestic proceedings involving the custody or visitation of children, the State of New Mexico does not favor one parent over another based on gender (NMSA § 40-4-9.1C).
Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child's opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it's not in the
1 attorney answer Although a child's wishes are one factor among many the court must consider in determining the child's best interests, a minor child never gets to "decide" which parent to live with.
A parenting agreement becomes legally binding once approved by a judge. There are, therefore, potential legal consequences that can pursued if one or both parents violate a court order.
If the child is 12 or older, the judge may consider the wishes of the child. The judge may consider the wishes of the child as long as the judge determines that the child is "of sufficient age and capacity."
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.