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Legal Information: New Mexico

Custody

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Updated: 
January 5, 2024

Can an abusive parent get custody or visitation?

A parent who committed violence can get custody and/or visitation as long as certain protections are put in place.

One of the factors that a judge has to consider in New Mexico when deciding custody or visitation is whether the parent has committed abuse against the child, the other parent, or another household member. This decision about whether abuse was committed can be made by the judge in your custody case or by a judge in another case, such as a protection order case. In cases where the judge finds that abuse was committed, the custody or visitation order must clearly protect the abused child, other parent, or household member.However, it doesn’t necessarily mean that a parent who committed violence will be denied custody or visitation altogether.1

1 N.M. Stat. § 40-4-9.1(B)(9)

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