What is a parenting plan in New Mexico?

A parenting plan is a written document in which parents set out how they will share custody and the periods of responsibility for their children. In New Mexico it can be used by parents who are divorcing, by parents who were never married, or by a parent asking the court to modify an existing custody order. When joint custody is awarded, the New Mexico court approves a parenting plan that divides the child's time and care into periods of responsibility for each parent (NMSA 1978, Section 40-4-9.1(F)).

Does New Mexico presume joint custody?

Yes. There is a presumption in New Mexico that joint custody is in the best interests of a child in an initial custody determination (NMSA 1978, Section 40-4-9.1(A)). Joint custody means an order awarding custody to two parents, and it does not imply an equal division of the child's time between the parents or an equal division of financial responsibility.

What is a period of responsibility in New Mexico?

In New Mexico, a period of responsibility is a specified period of time during which a parent is responsible for providing for a child's physical, developmental, and emotional needs, including the decision-making required in daily living (NMSA 1978, Section 40-4-9.1). A New Mexico parenting plan divides the child's time and care into periods of responsibility for each parent.

Is a parenting plan required in New Mexico?

When joint custody is awarded in New Mexico, the court shall approve a parenting plan for the implementation of the custody arrangement before the award of joint custody (NMSA 1978, Section 40-4-9.1(F)). Because New Mexico presumes joint custody in an initial determination, a written parenting plan is central to most New Mexico custody cases.

What standard do New Mexico courts use to decide custody?

New Mexico courts decide custody by the best interests of the child, weighing the factors in NMSA 1978, Section 40-4-9, such as the wishes of the parents and of the child, the child's relationships with parents and siblings, the child's adjustment to home, school, and community, and the mental and physical health of those involved. In an initial determination, New Mexico also presumes joint custody is in the child's best interests (Section 40-4-9.1(A)).

What must a New Mexico parenting plan include?

A New Mexico parenting plan shall include a division of the child's time and care into periods of responsibility for each parent (NMSA 1978, Section 40-4-9.1(F)). In practice a New Mexico plan also sets out legal and physical custody, the regular schedule, holidays, school breaks, summer, exchanges, and how the parents will make major decisions.

Can unmarried parents make a parenting plan in New Mexico?

Yes. A parenting plan in New Mexico can be used by parents who were never married, not only by parents who are divorcing. The presumption that joint custody is in the child's best interests in an initial determination and the best interests standard apply regardless of whether the parents were married (NMSA 1978, Sections 40-4-9 and 40-4-9.1).

New Mexico Parenting Plan

Q: What is the difference between a parenting plan and a custody order in New Mexico?

In New Mexico a parenting plan is the written arrangement the parents propose, while a custody order is what the court issues. The two are closely tied in New Mexico: when joint custody is awarded, the court shall approve a parenting plan before the award of joint custody (NMSA 1978, Section 40-4-9.1(F)). Once the court approves the plan under the best interests standard, it becomes part of the binding custody order.

A New Mexico parenting plan sets out joint custody and periods of responsibility for each parent, which the court approves before awarding joint custody under the best interests standard (NMSA 40-4-9.1). Attorney review available.

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What is your situation with the parenting plan?

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Introduction

In New Mexico, where custody is expressed as joint custody and periods of responsibility, a parenting plan is the written agreement two parents use to set out that custody and each parent's time with the children, whether they are divorcing, were never married, or need to modify an existing custody order. In New Mexico, custody is described in terms of joint custody and periods of responsibility, the specified times during which each parent is responsible for the child's care. There is a presumption that joint custody is in the best interests of a child in an initial custody determination (NMSA 1978, Section 40-4-9.1(A)), and joint custody does not imply an equal division of the child's time between the parents. New Mexico decides custody by the best interests of the child, weighing the factors in Section 40-4-9. When joint custody is awarded, the court shall approve a parenting plan for the custody arrangement before the award of joint custody, and the parenting plan shall include a division of the child's time and care into periods of responsibility for each parent (Section 40-4-9.1(F)). That makes a written parenting plan central to a New Mexico joint-custody case. DocDraft builds your New Mexico parenting plan from your family's schedule, with attorney review available before you submit it to the court.

Key Things to Know

1
In New Mexico, a parenting plan is the written document in which two parents set out joint custody and periods of responsibility for their children, whether they are divorcing, were never married, or are changing an existing order.
2
New Mexico describes custody in terms of joint custody and periods of responsibility, the specified times each parent is responsible for the child's care (NMSA 1978, Section 40-4-9.1).
3
There is a presumption in New Mexico that joint custody is in the best interests of a child in an initial custody determination (NMSA 1978, Section 40-4-9.1(A)).
4
Joint custody in New Mexico does not imply an equal division of the child's time between the parents or an equal division of financial responsibility (NMSA 1978, Section 40-4-9.1).
5
New Mexico decides custody by the best interests of the child, weighing the factors in Section 40-4-9.
6
When joint custody is awarded, a New Mexico court shall approve a parenting plan before the award of joint custody (NMSA 1978, Section 40-4-9.1(F)).
7
A New Mexico parenting plan shall include a division of the child's time and care into periods of responsibility for each parent (NMSA 1978, Section 40-4-9.1(F)).

Key decisions before you file

Before you file a Parenting Plan in New Mexico, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.

Open the Parenting Plan guide

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NEW MEXICO PARENTING PLAN

This parenting plan is made between [PARENT 1 FULL NAME] and [PARENT 2 FULL NAME], the parents of the child or children named below. The parents may be married and divorcing, or unmarried, and this plan may also be used to modify an existing custody order. It sets out joint custody and the periods of responsibility for each parent that the parents ask a New Mexico court to approve under the best interests of the child.

Children covered: [CHILD FULL NAME, DATE OF BIRTH] [ADD EACH CHILD].

Legal custody and decision-making. The parents will share [joint / sole to PARENT] legal custody. Major decisions about the children's education, health care, and religious upbringing will be made [jointly, after good-faith discussion / by PARENT]. Each parent may make routine decisions in daily living during that parent's period of responsibility and may authorize emergency medical treatment when needed.
Physical custody and periods of responsibility. The children's time and care are divided into periods of responsibility for each parent. The children will reside with [PARENT] and have periods of responsibility with the other parent as follows. Weekdays: [describe the regular weekday schedule]. Weekends: [describe the alternating or fixed weekend schedule, with pick-up and drop-off times]. Joint custody does not require an equal division of time.
Holidays and special days. The parents will divide holidays as follows: [Thanksgiving, winter holidays, and other holidays, alternating by year or as agreed]. Mother's Day is with [PARENT] and Father's Day with [PARENT]. Each child's birthday: [describe].
School breaks and summer. Winter and spring school breaks will be divided [describe]. Summer periods of responsibility will be [describe, for example alternating weeks or an extended block for each parent], with written notice of vacation dates by [DATE] each year.
Exchanges and transportation. Exchanges will take place at [LOCATION] at [TIME]. [Each parent / PARENT] will provide transportation for [pick-up / drop-off]. If a parent will be more than [NUMBER] minutes late, that parent will notify the other parent as soon as possible.
Communication. The children may contact either parent by phone or video call during reasonable hours. The parents will share information about the children's health, school, and activities, and will keep each other informed of their current address and phone number.
Relocation. A parent who intends to move the children's residence a significant distance will give the other parent written notice at least [NUMBER] days before the planned move, so the parents can discuss the change or, if needed, ask the court to review the periods of responsibility.
Dispute resolution. If a disagreement arises about this plan, the parents will first try to resolve it between themselves and, if that does not work, return to court.

This parenting plan is subject to court approval. When joint custody is awarded, a New Mexico court shall approve a parenting plan dividing the child's time and care into periods of responsibility for each parent, under the presumption that joint custody is in the best interests of a child in an initial custody determination (New Mexico Statutes Section 40-4-9.1). For the general template and other states, see the Parenting Plan hub.

Signed: _____________________ [PARENT 1] Date: __________ _____________________ [PARENT 2] Date: __________

New Mexico Requirements for Parenting Plan

Joint Custody and Periods of Responsibility
New Mexico describes custody in terms of joint custody and periods of responsibility. A period of responsibility is a specified time during which a parent is responsible for the child's physical, developmental, and emotional needs, including daily decision-making. Joint custody means an order awarding custody to two parents (NMSA 1978, Section 40-4-9.1).
Presumption of Joint Custody
There is a presumption in New Mexico that joint custody is in the best interests of a child in an initial custody determination (NMSA 1978, Section 40-4-9.1(A)). Joint custody does not imply an equal division of the child's time between the parents or an equal division of financial responsibility.
Best Interests of the Child Standard
New Mexico decides custody by the best interests of the child, weighing the factors in NMSA 1978, Section 40-4-9, including the wishes of the parents and of the child, the child's relationships with parents and siblings, the child's adjustment to home, school, and community, and the mental and physical health of those involved.
Court-Approved Parenting Plan for Joint Custody
When joint custody is awarded in New Mexico, the court shall approve a parenting plan for the implementation of the custody arrangement before the award of joint custody (NMSA 1978, Section 40-4-9.1(F)). Because New Mexico presumes joint custody in an initial determination, a written parenting plan is central to most New Mexico custody cases.
Periods of Responsibility in the Plan
A New Mexico parenting plan shall include a division of the child's time and care into periods of responsibility for each parent (NMSA 1978, Section 40-4-9.1(F)). Your plan should describe the regular weekday and weekend schedule, holidays, school breaks, and summer, and who is responsible for the child during each period.
Legal and Physical Custody Decision-Making
Your parenting plan should state whether legal custody is joint or sole and how the parents will make major decisions about the children's education, health care, and religious upbringing. Physical custody, described through periods of responsibility, sets where the children are and who cares for them at each time (NMSA 1978, Section 40-4-9.1).
Where Custody Is Decided in New Mexico
In New Mexico, custody is decided by the district court in the county where the case is filed, as part of a divorce or a separate custody proceeding. The court sets the custody terms and approves the parenting plan under the best interests of the child standard (NMSA 1978, Sections 40-4-9 and 40-4-9.1).
Court Approval
A New Mexico parenting plan takes effect only when the court approves it. The court shall approve the parenting plan before awarding joint custody, applying the best interests of the child standard (NMSA 1978, Section 40-4-9.1). This page cites New Mexico statutes confirmed through Gemini and a codified republication; attorney review is available to re-confirm the current statute.

Find out where you stand in New Mexico

Introduction

Key Things to Know

Key decisions before you file

Customize your Parenting Plan Template with DocDraft

New Mexico Requirements for Parenting Plan

Joint Custody and Periods of Responsibility

Presumption of Joint Custody

Best Interests of the Child Standard

Court-Approved Parenting Plan for Joint Custody

Periods of Responsibility in the Plan

Legal and Physical Custody Decision-Making

Where Custody Is Decided in New Mexico

Court Approval

Frequently Asked Questions