New Mexico Custodian Agreement
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How to fill out Custodian Agreement?
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FAQ
Yes, New Mexico is considered a 50/50 custody state. The courts in NM generally prefer to award joint custody to both parents unless there are compelling reasons to do otherwise. Joint custody can be either physical or legal, or both. Of course, not all 50/50 custody arrangements are precisely equal.
However, a parent who shares custody or has a timesharing/custody agreement in place may be required to get permission from the other parent and/or the District Court in order to relocate with their children to another state or even within New Mexico. Violating a custody agreement can have serious consequences.
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.
Absent parent: If a parent has been absent for 6 months or more, the law allows the other, more responsible parent, to petition to terminate parental rights. Not just parents can terminate: in fact, anyone with an interest in the well-being of a child can attempt to terminate one or both parents' rights.
Child support in New Mexico is set by the statute known as the New Mexico Child Support Guidelines. It is a straightforward formula that looks at the gross income (before taxes and withholdings) of both parents, multiplied by the number of children. The formula tells you what the base child support will be.
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.
A father's rights in New Mexico include the right to receive notice of any court proceedings, the right to participate in a court hearing, and the right to be heard during the proceedings. Fathers also have the right to seek legal representation and to be informed of the progress of their case.
Write professionally, but in your own voice ? don't try to sound like a lawyer. Be specific. Don't ramble or repeat yourself, and don't include irrelevant information. Don't lie or make assumptions not supported by facts and evidence ? include only information that you have personal knowledge of.