E. In ordering shared custody, the court may, if necessary, indicate the circumstances in which the agreement of the two custodians is necessary for the exercise of legal control of the child and the consequences of mutual non-consent. If the court decides to assign shared custody, an education plan is established and implemented. This plan will provide a custody plan and details on how important decisions about the child will be made and how parents will communicate. If the parents are unable to agree on all aspects of the education plan, the judge will ask that each parent submit an individual education plan for review. The court may accept one of these proposed plans, or the court may develop a plan if a new plan is better suited to the child`s best interests. When your marriage ended, the divorce contract contained specific rules for custody and return of the children. Now circumstances have changed and you think that a change in the custody or visitation contract would be in your child`s best interest. If you look at each case for the first time, New Mexico`s child protection legislation maintains the assumption that it is in the best interests of the child that the parents be in a common custody agreement. This is still under investigation, as the New Mexico courts will consider several factors to determine what is the best order in the best interests of the child. These factors include the willingness and ability of each parent to perform parenting tasks ranging from day-to-day care to child decision-making, the willingness of parents to communicate and make joint decisions, and the close relationship between each parent and the child.
Another factor that could affect an agreement under New Mexico`s child custody laws is whether there is a reported history of domestic abuse committed by one family member against another. Among others, these factors will strongly influence the outcome of a child care plan. Before a custody and visitation agreement is amended, both parents must agree that there has been a substantial and substantial change; or the Tribunal finds that such an amendment has occurred. The court takes many factors into account in the custody decision and both parents have the same right to custody of their children. It is increasingly common for fathers to share shared custody of their children and even have sole custody. However, the courts waive the granting of sole custody to a parent because they recognize the importance of having a relationship with both parents for the development of a child. The Assumption of the New Mexico courts that shared custody is in the best interests of a child makes it very difficult for a parent to obtain sole custody without the exceptional circumstances described above, i.e. a drug or alcohol problem or the detection of abuse or neglect. As long as your visit plan is agreed upon by both parents, meets your child`s needs and serves their interests, the court must accept it (NMSA No. 40-4-9.1D).
While statistics show that mothers are more likely to have custody of their children, the court does not favour one parent over the other based on a parent`s gender (NMSA 40-4-9.1C). 3. Parents consult, before applying these decisions, on the important decisions to which the child is associated; that is, no parent can make a decision or take action that results in a substantial change in a child`s life until the issue is discussed with the other parent and the parents agree. If the parents are not able to accept after the discussion and one parent wishes to make a substantial change, while the other does not want the major change to occur, no change will occur until the problem has been resolved as intended in this subsection; During the proceedings, the court will consider the circumstances that result in your child`s well-being and best interests (NMSA 40-4-9A, NMSA No. 40-4-9.1).