Entertainment Love and Romance Child Custody in New Mexico Familiarize Yourself With Child Custody Laws in New Mexico Share PINTEREST Email Print OJO Images/Robert Daly/Photolibrary/Getty Images Love and Romance Divorce Relationships Sexuality Teens LGBTQ Friendship By Debrina Washington Family law attorney and writer University of Pittsburgh School of Law Skidmore College Debrina L. Washington is a New York-based family law attorney and writer, who runs her own virtual practice to assist single parents with legal issues. our editorial process Debrina Washington Updated February 15, 2017 The state of New Mexico uses several criteria to determine child custody. Primarily, the court determines child custody based on the best interests of the child. Parents who wish to file for child custody in New Mexico should first become familiar with the custody statutes in this state. Best Interests of Child Child custody in New Mexico is determined based on the best interests of the child. Factors included in a best interests of the child determination are: The parents' wishesThe child's wishes, if the child is age 14 or olderThe child's relationship with his/her parents, siblings and extended family membersThe mental and physical health of all involved partiesThe child's adjustment to home, school and community Joint Custody in New Mexico A court in New Mexico assumes that joint custody is in the best interests of the child. In reaching a determination for best interests of the child, a court will consider the following factors: Whether the child has a close relationship with his/her parentsWhether each parent may adequately provide for the child's needs, including relinquishing the child to the other parent for appropriate timesThe geographic distance between the parentsThe parents' ability to communicate on decisions that affect the rearing of the childWhether each parent is willing to foster and encourage a continuous relationship between the child and the child's other parentWhether either parent was found to have committed an act of domestic violence against a child, a parent or another household member Modification of Child Custody in New Mexico A parent seeking the modification of a current custody order should be prepared to present proof of a material and substantial change of circumstances. In addition, a New Mexico court will expect a parent to prove that the material and substantial change of circumstances adversely affect the best interests of the child. For further information about child custody in New Mexico, speak with a qualified attorney in New Mexico or refer to the New Mexico Code.