Going through a divorce or separation when you have kids means defining a custody arrangement, which can feel overwhelming if you have questions about where your child will live, how to make the best decisions for them, and not wanting to miss out on important milestones in their lives.
New Mexico family law is founded on a legal presumption that keeping both parents actively involved in their child’s life and sharing responsibilities is most beneficial for the child. However, what does it really mean? This guide will help you to understand what joint legal custody is in New Mexico and how it works.
Understanding Joint Legal Custody in New Mexico
In New Mexico, joint legal custody means that both parents share the right to make important decisions about education, religion, health care and other important concerns. Joint custody is typically the starting point when determining a custody arrangement. Judges typically prefer not to separate children from their parents and want both parents to share in the responsibility of raising them, unless there is a strong reason to move toward a different custody arrangement, such as sole legal and/or physical custody.
Joint legal custody is not the same thing as physical custody, which determines how much time each parent spends with their children.
Statutes focus on making sure both parents are involved in their child’s life, providing flexibility for parents to create arrangements that work for the needs of everyone involved. For detailed information, you can refer to Section 40-4-9.1 of New Mexico Statutes.
Legal vs. Physical Custody
Custody in New Mexico involves two aspects:
- Legal custody refers to parental rights regarding decision-making about the child’s education, medical care and treatments, religious involvement, and other important aspects.
- Physical custody is where the child lives and how their time is divided between parents.
When considering joint custody, the law says three main things:
- Each parent shall have significant, well-defined periods of responsibility for the child;
- Each parent shall have, and be allowed and expected to carry out, responsibility for the child’s financial, physical, emotional, and developmental needs during that parent’s periods of responsibility; and
- The parents shall consult with each other on major decisions involving the child before implementing those decisions.
There is not a standard formula used to determine a timesharing split, however there are commonly implemented schedules that prioritize the children’s needs based on age and development.
Physical and legal custody can be combined in different ways. For example, parents can share legal custody, but only one is the primary physical custodian. This means that decisions about the children are made together, but the child lives mostly with one parent due to various factors.
How A Child’s Best Interests Affect Joint Custody
New Mexico courts consider the “best interests of the child” as a priority when determining joint custody. Custody arrangements are designed to protect the child’s stability, safety, and relationship with both parents. Factors that are taken into consideration include:
- The child’s relationship and bond with each parent, siblings, and other important people in their life
- The child’s age
- How stable each parent’s home, work and life are
- The parent’s criminal records
- The parent’s mental and physical health
- The parent’s cooperation
- The child’s preference, especially as they get older and can express opinion about their living situation
- A history of abuse or neglect of the child
Joint custody can be denied when it does not support the child’s best interests. In the end, the court will make a decision that ensures the child’s needs are met, not only the parents’ preferences.
The Importance of a Parenting Plan
A Parenting Plan is a roadmap for shared parenting. This document is essential as it outlines how parents will share responsibilities and manage the child’s schedule. Without it, co-parenting can be more difficult, often leading to disagreements, stress, and confusion, affecting the child’s life.
New Mexico courts require a detailed Parenting Plan that outlines key areas such as:
- The decision-making process
- How costs are split
- Physical custody schedules
- Exchanges
- Extracurricular activities
- How birthdays and holidays will be shared
- How parents will handle challenges and disagreements
A Parenting Plan should be as detailed as possible to avoid confusion, but on the other hand, should allow flexibility to accommodate unexpected circumstances. It is okay to update a Parenting Plan as a child grows and their needs and schedules change. The best Parenting Plans focus on the child’s needs.
How is Joint Custody Determined in New Mexico?
As mentioned before, the starting point for the court is the legal presumption that is best to have both parents actively involved in the child’s life via joint custody. If parents cannot agree on a custody arrangement, a judge will make a decision on custody based on a thorough analysis of evidence and several factors such as:
- The child’s best interests
- Both parents’ backgrounds
- Information from teachers, counselors, and other professionals
- The child’s opinion, depending on their age
It is important to maintain a respectful relationship and communication with the other parent. Your joint custody case is stronger when you show cooperation, involvement, consistency, and commitment to your child’s well-being. Click here to learn more about successful co-parenting.
Joint custody cases in New Mexico require strategic planning and legal guidance. Count on the team of family law attorneys at Terry & deGraauw, P.C. to help you take the first step and guide you through the process. Contact us today to schedule a consultation.
