CHILD CUSTODY AND PARENTING PLAN AGREEMENT

(New Mexico – State Family Court Jurisdiction)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Legal Custody
   3.2 Physical Custody & Parenting Schedule
   3.3 Holiday & Special Occasion Schedule
   3.4 Transportation & Exchanges
   3.5 Communication & Decision-Making Protocols
   3.6 Child Support & Extraordinary Expenses
   3.7 Relocation Rules
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title & Parties
This Child Custody and Parenting Plan Agreement (the “Agreement”) is entered into by and between:
• [PARENT A LEGAL NAME], residing at [ADDRESS] (“Parent A”); and
• [PARENT B LEGAL NAME], residing at [ADDRESS] (“Parent B”)
(each, a “Party” and, collectively, the “Parties”).

1.2 Child(ren)
This Agreement concerns the following minor child(ren):
• [CHILD 1 FULL LEGAL NAME], born [DOB];
• [CHILD 2 FULL LEGAL NAME], born [DOB];
(collectively, the “Child” or “Children”).

1.3 Recitals
A. The Parties are the natural parents of the Child and have standing to enter into this Agreement.
B. New Mexico law requires that custody determinations be made in the Child’s best interests, giving due consideration to statutory best-interest factors and public policy favoring frequent, continuing contact with both parents.
C. The Parties desire to resolve all issues of legal and physical custody, visitation, and related matters, subject to court approval, and agree as follows.

1.4 Effective Date & Jurisdiction
This Agreement is effective as of [EFFECTIVE DATE], conditioned upon its incorporation into a final order of the [COUNTY] District Court, State of New Mexico (the “Court”). The Court retains exclusive continuing jurisdiction pursuant to New Mexico’s domestic-relations statutes.

[// GUIDANCE: Insert the case caption and cause number once a petition or motion is filed.]

2. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below. Undefined terms shall be given their plain meaning under New Mexico law.

“Agreement” – this Child Custody and Parenting Plan Agreement, including all exhibits and future amendments approved by the Court.
“Best Interest Factors” – the statutory considerations employed by New Mexico courts (including but not limited to the Child’s wishes, parental fitness, stability of environment, and ability to cooperate).
“Legal Custody” – the right and responsibility to make major decisions regarding the Child’s health, education, and welfare.
“Physical Custody” – the schedule allocating residential time with each parent.
“Parenting Time” – any period during which a parent has physical custody of the Child, including regular, holiday, and vacation time.
“Relocation” – a change to a parent’s principal residence that would: (a) materially affect the existing Parenting Schedule, or (b) move the Child more than 50 miles from the Child’s current residence or across state lines.
“School Break” – any break in the Child’s academic calendar in excess of four (4) consecutive school days.

3. OPERATIVE PROVISIONS

3.1 Legal Custody

3.1.1 Joint Legal Custody. The Parties shall share Joint Legal Custody. Major decisions (medical, educational, religious, extracurricular) require mutual agreement.
3.1.2 Tie-Breaker. If the Parties are unable to agree after good-faith consultation, either Party may invoke the dispute-resolution process in Section 8.

3.2 Physical Custody & Parenting Schedule

3.2.1 Base Schedule. Unless otherwise provided herein, the base schedule is:
• Parent A: From [DAY/TIME] to [DAY/TIME] every week.
• Parent B: From [DAY/TIME] to [DAY/TIME] every week.

[// GUIDANCE: Typical 5-2-2-5 or week-on/week-off schedules can be inserted here.]

3.2.2 Make-Up Time. Lost Parenting Time for reasons other than the receiving parent’s refusal shall be rescheduled within 30 days.

3.3 Holiday & Special Occasion Schedule

a. Thanksgiving: Even-numbered years with Parent A; odd-numbered years with Parent B.
b. Winter Break: Split equally; Parent A receives first half in even-numbered years.
c. Child’s Birthday: Alternating on an annual basis, 10:00 a.m.–8:00 p.m.
d. Mother’s/Father’s Day: With the honored parent, regardless of base schedule.

[// GUIDANCE: Enumerate all culturally significant holidays germane to the Parties.]

3.4 Transportation & Exchanges

3.4.1 Exchange Location. [NEUTRAL SITE/SCHOOL/PARENTS’ DRIVEWAY].
3.4.2 Responsibility. The receiving parent shall provide transportation unless otherwise agreed in writing.
3.4.3 Safety Protocols. Seat-belt and child-seat laws shall be strictly followed.

3.5 Communication & Decision-Making Protocols

3.5.1 Routine Updates. Each parent shall provide the other with the Child’s school calendars, report cards, and medical records within five (5) business days of receipt.
3.5.2 Direct Contact. The Child may have reasonable telephone/video contact with the off-duty parent no less than three (3) times per week, between [START] and [END] local time.
3.5.3 Right of First Refusal. If a parent requires child-care longer than [X] hours during his/her Parenting Time, the other parent shall be offered the time before engaging third-party care.

3.6 Child Support & Extraordinary Expenses

3.6.1 Statutory Guidelines. Child support shall be calculated under New Mexico child-support guidelines.
3.6.2 Payment Logistics. Parent [PAYOR] shall pay $[AMOUNT] per month via Wage Withholding Order, commencing [DATE].
3.6.3 Extraordinary Expenses. Uninsured medical, dental, orthodontic, educational, and agreed extracurricular expenses shall be shared [PERCENTAGE SPLIT]. The paying parent shall remit reimbursement within 14 days of receiving documentation.

3.7 Relocation Rules

3.7.1 Notice Requirement. A parent seeking Relocation must provide at least forty-five (45) days’ advance written notice, detailing the proposed address, reasons for relocation, and revised Parenting Plan proposal.
3.7.2 Objection & Resolution. The non-relocating parent may object in writing within fifteen (15) days. The Parties shall immediately engage in mediation (Section 8.2). Absent agreement, either Party may petition the Court for determination under New Mexico relocation standards, with the relocating parent bearing the burden of proof that the move serves the Child’s best interests.
3.7.3 Temporary Orders. The Court may enter temporary custody or visitation orders pending final adjudication.

4. REPRESENTATIONS & WARRANTIES

4.1 Authority. Each Party represents that he or she has full legal capacity to enter into and perform this Agreement and that no other person’s consent is required.
4.2 Disclosure. Each Party warrants disclosure of any fact material to the Child’s welfare, including health conditions, special educational needs, or pending criminal matters.
4.3 No Protective Orders. Except as disclosed in Exhibit A, no current protective or restraining orders exist between the Parties.
4.4 Survival. The warranties in this Section survive execution and Court approval.

5. COVENANTS & RESTRICTIONS

5.1 Non-Disparagement. The Parties shall not disparage the other parent in the presence or hearing of the Child.
5.2 Substance Use. No parent shall consume alcohol, cannabis, or controlled substances within eight (8) hours prior to or during Parenting Time.
5.3 Firearms. Firearms shall be secured in a locked safe, unloaded, and separate from ammunition during Parenting Time.
5.4 Health Insurance. Parent [INSURANCE HOLDER] shall maintain comprehensive medical and dental insurance for the Child and provide proof annually.
5.5 Notice of Significant Events. Each parent shall notify the other within 24 hours of any emergency medical treatment or material school disciplinary action involving the Child.

6. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute default:
a. Willful denial of court-ordered Parenting Time;
b. Failure to pay child support or reimburse extraordinary expenses;
c. Violation of Relocation Rules;
d. Material breach of any covenant that endangers the Child’s welfare.

6.2 Cure Period. Except for emergent welfare issues, the defaulting parent shall have seven (7) days after written notice to cure.
6.3 Remedies. If uncured, the non-defaulting parent may seek:
• Compensatory Parenting Time;
• Contempt sanctions, including fines or make-up support;
• Attorney’s fees and costs;
• Any other relief deemed just by the Court.

7. RISK ALLOCATION

7.1 Child-Welfare Priority Indemnification. Each parent shall indemnify, defend, and hold harmless the other from any liabilities, claims, or damages arising from the indemnifying parent’s willful or negligent acts or omissions that compromise the Child’s safety or violate court orders.
7.2 No Liability Caps. The Parties acknowledge that issues relating to child custody are not subject to contractual monetary caps.
7.3 Force Majeure. Parenting obligations may be temporarily suspended for events beyond a Party’s reasonable control (natural disasters, pandemic-related travel bans). The Parties shall cooperate in good faith to reschedule lost Parenting Time.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement is governed by the domestic-relations statutes and case law of the State of New Mexico.
8.2 Mediation. Except in emergencies involving the Child’s safety, the Parties shall first submit any dispute to mediation with a mediator experienced in family law, to be completed within thirty (30) days of a written mediation demand.
8.3 Limited Arbitration. If mediation fails, the Parties may agree in writing to binding arbitration on financial issues only. Custody determinations remain within exclusive court jurisdiction.
8.4 Forum Selection. Venue for any proceeding shall be the [COUNTY] District Court, State of New Mexico, Family Court Division.
8.5 Injunctive Relief. Nothing herein limits a Party’s right to seek immediate injunctive or emergency relief to protect the Child.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment is valid unless in a writing signed by both Parties and approved by the Court. No waiver of any breach shall be deemed a waiver of subsequent breaches.
9.2 Assignment. Custody and visitation rights are personal and may not be assigned or delegated.
9.3 Successors. This Agreement binds the Parties and their legal representatives.
9.4 Severability. If any provision is held invalid, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to comply with law.
9.5 Integration. This Agreement constitutes the entire understanding between the Parties concerning custody and supersedes all prior agreements.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts (including via DocuSign or similar platform), each constituting an original and together one instrument.

10. EXECUTION BLOCK

Executed on the dates indicated below.

Notary Acknowledgment
State of New Mexico )
County of ____ ) ss.

Subscribed and sworn before me on ____, 20__, by [PARENT A NAME].

Notary Public

My Commission Expires: ____

(Repeat acknowledgment for Parent B)

[// GUIDANCE:
1. File this Agreement with your petition, motion, or stipulation for approval.
2. Attach schedules (school calendar, holiday rotation chart) as Exhibits for clarity.
3. Confirm compliance with local district-court parenting-plan forms; affix cover sheet if required.
4. Update child-support worksheet annually or upon statutory trigger events.
5. Advise clients that enforcement lies with the Court; contempt remedies are discretionary.]