Is joint custody the default?

New Mexico courts consider multiple custody arrangements and choose based on the child's best interests [§ 40-4-9]. Joint custody is available but not automatically presumed — the court evaluates each family's specific circumstances.

At what age can a child choose which parent to live with?

Children's preferences are one factor courts consider [§ 40-4-9], but the weight given depends on the child's maturity and age. No specific age gives a child absolute choice — the court always evaluates best interests overall [§ 40-4-9].

How is child support calculated in New Mexico?

New Mexico uses an income-shares model [§ 40-4-11.1]. Based on combined gross income of both parents. The guideline amount can be adjusted based on specific circumstances.

What is a parenting plan?

A parenting plan is a detailed document outlining custody, visitation schedules, holiday allocation, decision-making authority, and communication protocols [§ 40-4-9]. Most courts require one before finalizing a divorce involving children.

Can I move out of state with my child?

Relocation with a child typically requires either the other parent's consent or court approval. The court evaluates whether the move serves the child's best interests ${cite(d, d.custodyCite)} and how it affects the other parent's relationship.

Topic guideUpdated 2026-02-27

New Mexico Divorce With Children — Custody & Support

Custody, child support, and parenting plans when children are involved in an New Mexico divorce

When children are involved, a New Mexico divorce must address custody, visitation, and child support in addition to property division and spousal support. Courts prioritize the Best interests of the child in every decision §40-4-9.

💡The presence of children increases the complexity of a divorce. Both parents must provide financial disclosures, and the court requires a parenting plan before it will finalize the case.

How custody is determined §40-4-9

Courts determine custody based on the best interests of the child, with a preference for joint custody when appropriate.

Types of custody

Legal custody — the right to make major decisions about the child's education, health care, and welfare
Physical custody — where the child lives day-to-day
Joint custody — both parents share legal custody, physical custody, or both
Sole custody — one parent has primary decision-making authority or residential time

Child support §40-4-11.1

New Mexico uses an income-shares model to calculate child support.

Based on combined gross income of both parents
New Mexico Child Support Guidelines set presumptive amount
Deviation requires written findings that application is unjust or inappropriate
Income can be withheld directly from the paying parent's employer §40-4A-4

The parenting plan

Most New Mexico courts require a written parenting plan that addresses:

Regular custody and visitation schedule
Holiday and vacation time allocation
Transportation arrangements and exchange locations
Decision-making authority for education, health, and extracurricular activities
Communication protocols between parents
Relocation restrictions and notice requirements

Temporary orders during the divorce §40-4-7

Courts may issue temporary orders for support, custody, and use of property during the pendency of the dissolution. Temporary custody and support orders typically remain in effect until the final decree is entered.

✓Document the current parenting arrangement before filing. Courts consider the existing status quo when making temporary and permanent custody decisions.

Modifying custody later

Custody may be modified upon showing a material and substantial change in circumstances affecting the child's best interests. §40-4-9

⚠If there is an immediate safety concern involving a child, the court can issue emergency orders on an expedited basis. Do not wait if a child's welfare is at risk.

Prepare for Your Consultation

Quick checklist (Family Law)

Bring what you have — missing items can be filled in later.

Current custody / support

orders (if any)

Key dates

and communications

Income / expense basics

(if support involved)

General preparation tips only. Procedures vary by court and issues.

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