WomensLaw serves and supports all survivors.

Legal Information: New Mexico

Custody

View all
Laws current as of April 3, 2025

What is sole custody?

Sole custody is when an order of the court awards custody of a child to one parent.1 When each parent wants sole custody, one of the factors the judge will consider is which parent is more likely to allow the child frequent and continuing contact with the non-custodial parent, without intrusion.2 You can read about the other factors a judge will consider when deciding custody in How will a judge make a decision about custody?

There is a preference for joint custody rather than sole custody in New Mexico.3

1 N.M. Stat. § 40-4-9.1(L)(8)
2 N.M. Stat. § 40-4-9.1(B)(4-5)
3 N.M. Stat. § 40-4-9.1(A)

Legal Information

© 2008–2024 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.