## How does New Mexico decide child custody? Like every state, New Mexico decides custody using the **"best interests of the child"** standard. The judge — not the parents — has final say if the parents can't agree, and the judge applies a list of statutory factors (N.M. Stat. § 40-4-9.1) to make the call. ### New Mexico's starting point on shared parenting Statutory preference for joint custody — there's a presumption that joint custody is in the child's best interests. ## The best-interests factors most courts consider While each state's exact list varies, virtually every "best interests" analysis touches the same core themes: 1. **The child's relationship with each parent** — who does what now, and who has historically been the primary caregiver 2. **Each parent's ability to provide** — housing, schooling, medical care, food, supervision 3. **The child's preferences** — given more weight as the child gets older (and given decisive weight in some states once a child reaches a specific age) 4. **Each parent's mental and physical health** 5. **Each parent's willingness to support a relationship with the other parent** — courts disfavor a parent who badmouths the other or interferes with parenting time 6. **Stability and continuity** — keeping the child in the same school, neighborhood, and community when possible 7. **Domestic violence, abuse, or neglect** — when present, this dominates the analysis 8. **Substance abuse history** 9. **The child's relationships with siblings, half-siblings, and extended family** 10. **Each parent's work schedule and availability** ## Legal custody vs physical custody Custody breaks into two parts: - **Legal custody** — the right to make major decisions about the child (school, religion, medical, extracurriculars). Often awarded jointly. - **Physical custody** — where the child actually lives. Can be shared (close to 50/50) or primarily with one parent with parenting time for the other. It's common to see **joint legal + primary physical with one parent** — a hybrid that's becoming less common as more states push toward equal physical time. ## Common disputes that drive custody outcomes - **Relocation** — one parent wants to move out of state with the child - **Schedule conflicts** — work shifts, school zones, parenting-time exchange logistics - **New partners** — a new boyfriend/girlfriend with a criminal history is a recurring issue - **Discipline differences** — corporal punishment, screen time, parenting style differences - **Substance use** — even old DUIs can be brought up in custody fights - **Mental health** — both parents' mental health, including untreated depression or anxiety ## Modifying custody later An initial custody order isn't permanent. To modify it, you generally have to show a **substantial change in circumstances** since the last order — not just that you wish things were different. Common qualifying changes: a parent moves, a parent develops a substance problem, the child's needs change with age, a parent becomes unfit, the parents' work schedules change. ## What you should do Custody fights are emotional, expensive, and slow. Even if you and your co-parent are getting along now, get an attorney to help you draft a parenting plan that survives a future disagreement. If you're already in a contested case, hire a New Mexico family-law attorney who tries cases in your county — local court culture matters more than people expect. --- *This guide is general information about New Mexico law as of early 2026 and is not legal advice. Custody outcomes are intensely fact-dependent, and statutes are amended regularly. Talk to a licensed New Mexico family-law attorney about your specific situation.*