Custody

Joint custody means that you share custody responsibilities with the other parent. In New Mexico, joint custody means that:

• each parent has significant set times when they are responsible for the child;
• each parent is allowed and expected to be responsible for the child’s financial, physical, emotional, and developmental needs; and
• the parents consult each other on major decisions involving the child and reach agreement before making those decisions.¹Note: For information on what happens if parents can’t reach an agreement, see “What happens if I have joint custody with the other parent but we can’t agree about a major life decision?”.

Joint custody does not necessarily mean that a child’s time is divided equally or that the parents share financial responsibilities equally.² There is a preference for joint custody rather than sole custody in New Mexico.³

¹ N.M. Stat. § 40-4-9.1(J)
² N.M. Stat. § 40-4-9.1(L)(4)
³ N.M. Stat. § 40-4-9.1(A)