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Legal Information: New Mexico

Custody

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Updated: 
January 5, 2024

What is sole custody?

Sole custody is when an order of the court awards custody of a child to one parent.1 When each parent wants sole custody, one of the factors the judge will consider is which parent is more likely to allow the child frequent and continuing contact with the non-custodial parent, without intrusion.2 You can read about the other factors a judge will consider when deciding custody in How will a judge make a decision about custody?

There is a preference for joint custody rather than sole custody in New Mexico.3

1 N.M. Stat. § 40-4-9.1(L)(8)
2 N.M. Stat. § 40-4-9.1(B)(4-5)
3 N.M. Stat. § 40-4-9.1(A)

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