Child Custody Agreement - New Mexico

CHILD CUSTODY AGREEMENT AND PROPOSED PARENTING PLAN

New Mexico — [COUNTY] County, [JUDICIAL DISTRICT] Judicial District

Court case number, if filed: [NUMBER] Division: [DIVISION]

This agreement and proposed parenting plan is made by [PARENT A FULL NAME] and [PARENT B FULL NAME] on [__/__/____]. The parents ask the district court with jurisdiction to approve the selected custody terms. If joint custody is awarded, this document is their proposed parenting plan under NMSA 1978, § 40-4-9.1(F). A signed agreement does not by itself replace an existing custody order.

Existing custody order, if any: [COURT, CASE NUMBER, DATE, AND RELEVANT TERMS]. Other person with legal custody or a pending custody claim, if any: [DETAILS].

1. Requested custody

The parents request ☐ joint custody ☐ sole custody to Parent A ☐ sole custody to Parent B. This is ☐ an initial determination ☐ a request to change an existing order. The court will decide custody under applicable law and the child's circumstances. In an initial determination, § 40-4-9.1(A) presumes joint custody is in the child's best interests; joint custody does not require equal time or equal financial responsibility.

Child-specific circumstances for court review: [THE CHILD'S RELATIONSHIPS, HOME AND SCHOOL ADJUSTMENT, HEALTH, EACH PARENT'S CARE CAPACITY, GEOGRAPHIC DISTANCE, COMMUNICATION, AND ANY CHILD'S WISHES]. If a child is fourteen or older, the court considers that child's desires under § 40-4-9(B).

Domestic abuse or protective order: ☐ None reported ☐ Disclosed in attached schedule [IDENTIFIER]. The court must make the protective findings required by § 40-4-9.1(B)(9) if domestic abuse has been judicially determined. A protective order controls over any inconsistent term here.

2. Decision making

If joint custody is awarded: Before a major change in a child's life, the parents will consult and seek agreement as required by § 40-4-9.1(J)(3). They propose these specific responsibilities for the court's approval:

Consultation method: [EMAIL / CO-PARENTING APP / OTHER]. The parent proposing a change will send the reason and relevant information. The other parent will respond within [NUMBER] days, or sooner when needed for the child's welfare. For an unresolved major change, the parents will use ☐ agreed counseling or mediation ☐ a request for court determination ☐ another method approved by the court: [DETAILS]. No private deadline delays an urgent request for court relief.

If sole custody is awarded: The custodian's authority and the other parent's information and visitation arrangements are [DETAILS], subject to the court's order. A parent's access to the child's medical, dental, and school records is not denied merely because that parent lacks physical or joint custody (§ 40-4-9.1(H)).

Either parent caring for the child may make an emergency medical decision when needed and will notify the other parent as soon as practicable.

3. Periods of responsibility and exchanges

Regular school year: Select and complete one schedule. State the first applicable date and exact exchange times.

☐ Alternating weeks, beginning [__/__/____]: Parent A has Week 1 from [DAY, TIME] to [DAY, TIME]; Parent B has Week 2 on the same terms; the weeks then alternate.

☐ Primary residence with [PARENT], and the other parent has [WEEKENDS, MIDWEEK, START AND END TIMES].

☐ Custom schedule:

Summer: ☐ The regular schedule continues ☐ This schedule applies from [DATE] to [DATE]: [COMPLETE TERMS]. Each parent may take [NUMBER] uninterrupted vacation days after giving [NUMBER] days' written notice. Conflicting vacation choices will be resolved by [METHOD].

Holidays and school breaks: The following schedule overrides the regular schedule only for the listed periods.

Exchanges: [PLACE], [PERSON RESPONSIBLE FOR TRANSPORT], [SCHOOL OR NEUTRAL LOCATION ALTERNATIVE]. A parent unable to make an exchange will promptly tell the other parent; the parents will document any agreed make-up time. Routine day-to-day decisions during a parent's period of responsibility belong to that parent, subject to the court's order.

Parent-child contact while apart: [PHONE OR VIDEO DAYS, TIME WINDOW, LENGTH, AND METHOD]. Information sharing: Each parent will give the other current emergency contacts, school notices, and material health updates by [METHOD] within [TIME].

4. Child support and expenses

☐ Existing support order dated [__/__/____], case [NUMBER], governs. ☐ A separate proposed support order is attached. ☐ Support remains for court determination. The parents propose that uninsured health costs be shared [PERCENTAGES], agreed child care [PERCENTAGES], and agreed school or activity costs [PERCENTAGES], subject to any controlling order. Invoices will be shared by [METHOD]; reimbursement is due [NUMBER] days after receipt. This section does not privately change an existing support order.

5. Residence changes

If joint custody is awarded, a parent planning to change home city or state of residence will give the other parent written notice stating the move date and destination at least thirty days in advance under § 40-4-9.1(J)(4)(a). The parent will also propose any schedule change needed. If they cannot agree on a major change, the parents will use an available method under § 40-4-9.1(J)(5) or seek a court decision; neither parent's notice alone changes the order.

Notice addresses and methods: Parent A [ADDRESS, EMAIL]; Parent B [ADDRESS, EMAIL]. Each parent will update the other of a change to that parent's notice address within [NUMBER] days.

6. Court approval and later changes

The parents request that the court approve this agreement, including the specific schedule and decision responsibilities, insofar as it serves the child's best interests. If the court awards joint custody, it must approve a parenting plan before the award, and the adopted plan becomes a court order under § 40-4-9.1(F). A later signed agreement changes the court order only when the court with jurisdiction approves it. Any dispute about enforcement or modification may be submitted to that court; this agreement creates no automatic custody change, fee award, penalty, or private cure period.

Attachments incorporated in the request: [IDENTIFY ANY PROTECTIVE ORDER, EXISTING ORDER, OR CHILD-SPECIFIC SCHEDULE].

7. Signatures

The parents sign this agreement and request court approval of its terms.

Proposed court approval

The court ☐ approves and adopts this agreement as an order ☐ approves it subject to the following changes, which control over inconsistent terms above: [DETAILS] ☐ declines approval. Findings or additional protective terms, if required: [DETAILS].

Date: [__/__/____] District Judge: [SIGNATURE]