The New Mexico courts typically favor joint custody over the children.  Typically, this means that the parties share joint legal custody which means shared decision-making on the important decisions in the children’s lives.  The parties will share equal physical custody only if the parties can work together in making this arrangement work. 

The standard for custody determinations is the “best interests of the child.”  The “best interests of the child” can be a hotly contested issue as the term is inherently vague and susceptible to different interpretations depending upon one’s viewpoint.    This issue can give rise to prolonged and expensive litigation with the appointment of expert psychologists, counselors, and Guardian Ad Litem (attorney for the child) in particularly bad situations. 

If the parties cannot agree on the custody and time-sharing of the children, the Court with the assistance of these professionals, will make that decision for them.  It is generally best for you and your children to keep the decision out of Court’s hands if you can.