You can write up your own parenting plan (on your own or with the other parent) or you can work with an attorney or legal professional and have them create it. If you don't want to pay the high cost of an attorney, and want to easily make your own agreement, you can use the Custody X Change software.
Visualize your schedule. Get a written parenting plan. Calculate your parenting time.
When creating a parenting plan / custody agreement in the State of New Mexico, familiarizing yourself with the laws regarding family and domestic relations will put you on the right track to create a parenting plan the court will approve of.
These laws can be found in the New Mexico Statutes Annotated, Sections 40-4-9 and 40-4-9.1.
The law provides definitions for the terminology used in court and court documents, defines the various types of custody and the factors the court uses to determine custody, and details the specifications the court requires in a parenting plan.
When you use the law as a tool when creating your New Mexico parenting plan, it should prove to be advantageous. You will be better prepared to make a plan that is compliant with the laws and you will also have knowledge necessary to construct a parenting plan that serves the needs and best interests of your child.
In the initial stages of your child custody proceeding, the court will assume that joint custody is in the best interests of the child (NMSA § 40-4-9.1A), and will continue to do so until circumstances are proved to indicate the contrary.
While statistics may show that mothers are more often awarded custody of their children, the court does not favor one parent over the other based on the gender of a parent (NMSA § 40-4-9.1C).
The court considers many factors when ruling on custody and both parents are equally entitled to custody of their children. It is becoming more and more common for fathers to share joint custody of their children and to even have sole custody.
The best interests of the child are the main concern of the court in family law cases involving children and court considers the following factors when determining custody of a child (NMSA § 40-4-9A):
Additionally, when determining an order of a permanent joint custody, the court shall consider the following factors (NMSA § 40-4-9.1B):
Your parenting plan should include at least the following (NMSA § 40-4-9.1F):
New Mexico parents are highly encouraged to collaborate on a plan and make a document that both parents support.
Since your New Mexico parenting plan / custody agreement needs to include methods of making decisions and resolving disputes, Chapter 40-4-9.1 has some recommendations for how to do this.
Decisions about your child can be determined by:
You can choose from these methods or create your own methods for making decisions and put them in your parenting plan.
In New Mexico, if you are unable to agree with the other parent on some or all of the terms of a parenting plan, the court will require you to attend mediation in an effort to help resolve the problems.
After mediation, any unresolved or disagreed upon portions of a parenting plan will need to be proposed individually, by each parent, and will be determined by the court.
As the court does not have the time or resources available to know the intimate needs of each specific child, it makes sense that as parents, you are the best suited to make a decision regarding the custody of your own child.
This is why the court allows you to submit a parenting plan together. Submitting a mutually agreed upon parenting plan, written in accordance with the laws and the best interests of your child is the best way of ensuring your child custody case has a successful outcome.
The top thirteen cities in New Mexico (by population, US Census Bureau, 2008) are: Albuquerque, Las Cruces, Rio Rancho, Santa Fe, Roswell, Farmington, South Valley, Alamogordo, Clovis, Hobbs, Carlsbad, Gallup, Deming.
Visualize your schedule. Get a written parenting plan. Calculate your parenting time.