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Legal Information: New Mexico

Custody

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Updated: 
January 5, 2024

What happens if there is a custody order made within a protection order, and the protection order expires?

A domestic violence protection order granted by a court in New Mexico that awards custody and visitation (or support) is effective for a fixed term of six months. This term can be extended for another six months if the protected party (the petitioner) shows good cause for the extension. When the protection order expires, the custody provisions also expire.1

If you currently have temporary custody through a protection order, you may want to talk to a lawyer about filing for custody so that you have a long-term custody order. You can find information about free and paid lawyers on our NM Finding a Lawyer page.

1 N.M. Stat. § ​40-13-6(C)

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