Custody

In New Mexico, if one of the parties tells the judge that domestic violence or child abuse has occurred, or if the judge thinks that it has occurred, then the judge does not have to order mediation. In situations where there is domestic violence, the judge can order mediation if:

1. the domestic violence victim is the one who requests mediation and the mediator is informed of the domestic violence; or
2. all of the following three things happen:

• the mediator has substantial training on domestic violence or child abuse;
• the victim is able to negotiate with the abuser without suffering from an imbalance of power as a result of the abuser; and
• the mediation process has safeguards in place to protect against an imbalance in power caused by abuse.¹

¹ N.M. Stat. § 40-4-8(B)(1)(a)-(b)