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New Mexico divorce - child custody.


Joint or sole child custody is to be determined according to the best interests of the child. There is a presumption that joint custody is in the best interests of the child, unless shown otherwise. The factors for consideration in all custody situations are:
 
(1) the wishes of the child; (2) the wishes of the parents; (3) the relationship of the child with parents, siblings, and other significant family members; (4) the child's adjustment to his or her home, school, and community; and (5) the mental and physical health of all individuals involved. If a minor is 14 years old or older, the court may consider the wishes of the minor.
 
In addition, the factors that are considered in determining joint custody are as follows: (1) the ability of the parents to cooperate and make decisions jointly; (2) the physical proximity of the parents to each other as this relates to the practical considerations of where the child will reside; (3) whether an award of joint custody will promote more frequent or continuing contact between the child and each of the parents; (4) the love, affection, and other emotional ties existing between the parents and the child; (5) the capacity and disposition of the parents to provide the child with food, clothing, medical care, and other material needs; (6) whether each parent is willing to accept all the responsibilities of parenting, including a willingness to accept or relinquish care at specified times; (7) whether each parent is able to allow the other to provide care without intrusion; (8) the suitability of a parenting plan for the implementation of joint custody; and (9) whether any domestic abuse has occurred.
 
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