INTRODUCTION TO CHILD CUSTODY MEDIATION

    There is a “presumption” in New Mexico that joint custody is in a child’s best interests. As the NM Legislature has defined it, joint custody does not necessarily imply an equal division of financial responsibility for a child, nor an equal sharing of time with or direct responsibility for a child. Rather, joint custody means that each parent shall have significant, well-defined periods of responsibility for the child, each parent shall have responsibility for the child’s financial, physical, emotional and developmental needs, and the parents shall consult with each other on major decisions involving the child before implementing those decisions. A child’s interests are best served by having two active, involved, responsible parents, and a divorce should not act as a bar to that goal. These standards and other specific legislative concerns are set out in §40-4-9.1 of the New Mexico Statutes (link).