New Mexico Child Custody Factors

In New Mexico, the court make a custody award with the best interests of the children in mind. The factors the court will consider are as follows:

(1)† † †the wishes of the childís parent or parents as to his custody;†

(2)† † †the wishes of the child as to his custodian;†

(3)† † †the interaction and interrelationship of the child with his parents, his siblings and any other person who may significantly affect the childís best interest;

(4)† † †the childís adjustment to his home, school and community; and

(5)† † †the mental and physical health of all individuals involved. Also, if the child is 14 years or older, the court will consider his or her wishes. (New Mexico Statutes - Article 4 - Sections: 40-4-9, 40-4-9.1)††

In New Mexico, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they canít, the court will do it for them. You can also read more about New Mexico child custody in the New Mexico state statutes located at: