New Mexico Sole Custody Agreement

SOLE CUSTODY AGREEMENT WITH TIMESHARING PROVISIONS

State of New Mexico

IN THE DISTRICT COURT
[____] JUDICIAL DISTRICT
COUNTY OF [________________________________]
STATE OF NEW MEXICO

ARTICLE I — PARTIES, CHILD(REN), AND STATUTORY FRAMEWORK

1.1 Parties

Custodial Parent: [________________________________] ("Custodial Parent")

• Address: [________________________________], New Mexico [________________________________]
• County: [________________________________]
• Phone: [________________________________]
• Email: [________________________________]

Non-Custodial Parent: [________________________________] ("Non-Custodial Parent")

• Address: [________________________________]
• County/State: [________________________________]
• Phone: [________________________________]
• Email: [________________________________]

1.2 Minor Child(ren)

1.3 Basis for Sole Custody Under New Mexico Law

Under NMSA 1978, § 40-4-9.1(A), there is a rebuttable presumption that joint custody is in the best interest of a child. This Agreement awards sole custody because the presumption has been rebutted by the following circumstances:

☐ Domestic Violence — Pursuant to NMSA 1978, § 40-4-9.1(A), there is a rebuttable presumption that it is NOT in the best interest of a child to be placed in the custody of a person who has committed domestic abuse. The Non-Custodial Parent has:
☐ Been found to have committed domestic abuse by a court of competent jurisdiction
☐ Been subject to an Order of Protection under the Family Violence Protection Act (§ 40-13-1 et seq.), Case No.: [________________________________]
☐ Been convicted of a domestic violence offense: [________________________________]

☐ Inability to Cooperate — The Parents are unable to communicate and cooperate sufficiently to share joint decision-making authority regarding the child(ren)'s welfare. Specific reasons: [________________________________]

☐ Geographic Distance — The geographic distance between the Parents' residences makes joint physical custody impracticable. Parent A resides in [________________________________] and Parent B resides in [________________________________].

☐ Substance Abuse or Mental Health Concerns — [________________________________]

☐ History of Parental Unfitness — [________________________________]

☐ CYFD Involvement — The New Mexico Children, Youth and Families Department has been involved due to: [________________________________]

☐ Parental Agreement — Both Parents voluntarily agree that sole custody is in the child(ren)'s best interests due to: [________________________________]. The Parents acknowledge the statutory presumption of joint custody and agree to waive it for the reasons stated.

☐ Other — [________________________________]

1.4 Best Interest Findings Under NMSA 1978, § 40-4-9(A)

The Parents acknowledge that sole custody to the Custodial Parent serves the child(ren)'s best interests based on the following statutory factors:

a. Wishes of the Parents: ☐ Both Parents agree ☐ Custodial Parent seeks sole custody; Non-Custodial Parent ☐ consents ☐ contests

b. Wishes of the Child: ☐ Child(ren) under 14 — preference not required ☐ Child(ren) aged 14+ have expressed a preference to reside primarily with the Custodial Parent pursuant to § 40-4-9(A)

c. Interaction and Relationships: The child(ren)'s relationship with the Custodial Parent, siblings, and other significant persons supports this arrangement because: [________________________________]

d. Child's Adjustment: The child(ren) are well-adjusted to their home at [________________________________], school at [________________________________], and community in [________________________________] County.

e. Mental and Physical Health: [________________________________]

1.5 Effective Date

This Agreement is effective as of [__/__/____] upon execution by both Parents and approval by the [____] Judicial District Court.

ARTICLE II — SOLE LEGAL CUSTODY

2.1 Grant of Sole Legal Custody

The Custodial Parent shall have sole legal custody of the child(ren), including the exclusive right and responsibility to make all major decisions regarding:

a. Education: School enrollment and selection, school changes, special education services, IEPs, 504 Plans, tutoring, educational testing, grade retention or acceleration, and college planning.

b. Medical and Health Care: Selection of health care providers; authorization of medical, dental, and vision care; non-emergency procedures and surgeries; mental health treatment; medications; and alternative therapies.

c. Religious Upbringing: Religious education, faith community participation, and religious milestones.

d. Extracurricular Activities: Enrollment in sports, arts, music, clubs, and other activities.

e. Travel: Authorization for domestic and international travel.

f. Legal Matters: Decisions regarding legal proceedings, passports, and other matters requiring parental consent.

2.2 Consultation Rights of Non-Custodial Parent

Although the Custodial Parent has exclusive decision-making authority, the Custodial Parent:

☐ Shall inform the Non-Custodial Parent of major decisions within a reasonable time and consider the Non-Custodial Parent's input in good faith, though the Custodial Parent retains final authority.

☐ May but is not required to consult with the Non-Custodial Parent regarding major decisions.

☐ Shall not be required to consult with the Non-Custodial Parent due to: [________________________________] (specify: domestic violence, no-contact order, inability to communicate, etc.)

2.3 Emergency Decisions

The Custodial Parent may make all emergency decisions without any obligation to consult the Non-Custodial Parent in advance. The Non-Custodial Parent shall be informed as soon as practicable.

ARTICLE III — SOLE PHYSICAL CUSTODY AND TIMESHARING

3.1 Primary Residence

The child(ren) shall reside primarily with the Custodial Parent at [________________________________], in [________________________________] County, New Mexico. This address shall serve as the child(ren)'s legal residence for school enrollment, mailing, and all other legal purposes.

3.2 Non-Custodial Parent Timesharing Schedule

Select the applicable timesharing arrangement:

☐ Option A — Standard Timesharing

• Alternating Weekends: Every other weekend from Friday at [____] PM to Sunday at [____] PM
• Midweek Contact: One evening per week ([________________________________]) from [____] PM to [____] PM ☐ with overnight ☐ without overnight
• Extended Summer: [____] weeks during summer vacation (☐ consecutive ☐ non-consecutive) with [____] days' advance written notice
• Spring Break: Alternating years (Non-Custodial Parent in ☐ even years ☐ odd years)

☐ Option B — Expanded Timesharing

• Alternating Weekends: Every other weekend from Friday after school to Monday morning school drop-off
• Midweek Overnights: [________________________________] (day) after school to [________________________________] (day) morning school drop-off
• Extended Summer: [____] weeks during summer
• Spring Break: Alternating years

☐ Option C — Supervised Timesharing
(For cases involving domestic violence, substance abuse, CYFD involvement, or other safety concerns)

• Frequency: [________________________________] (e.g., "every other Saturday for three (3) hours")
• Supervisor: ☐ Professional supervised visitation center: [________________________________] ☐ Approved third party: [________________________________] (name, relationship)
• Location: [________________________________]

• Conditions: The Non-Custodial Parent shall:
  ☐ Submit to substance abuse testing before each visit
  ☐ Complete a batterer's intervention program
  ☐ Complete a parenting education course
  ☐ Comply with all terms of any active Order of Protection
  ☐ Other: [________________________________]

• Review and Step-Up: Supervision requirements shall be reviewed every [____] months. Upon demonstrated compliance with all conditions for [____] consecutive months, the Non-Custodial Parent may petition for unsupervised timesharing. The Court may transition to unsupervised timesharing through a graduated plan:

• Phase 1: Supervised visits as above
• Phase 2: Unsupervised daytime visits of [____] hours
• Phase 3: Unsupervised visits with overnight(s)
• Phase 4: Standard timesharing schedule

☐ Option D — No Timesharing
Timesharing is suspended due to: [________________________________]. The Non-Custodial Parent may petition the Court to reinstate timesharing upon a showing that the conditions warranting suspension have been remedied.

☐ Option E — Custom Schedule
[________________________________]

3.3 Holiday Timesharing

☐ Holiday schedule applies only if the Non-Custodial Parent has unsupervised timesharing.

Child(ren)'s Birthday: ☐ Non-Custodial Parent has [____] hours ☐ Alternating years ☐ Shared celebration ☐ Other: [________________________________]

Cultural Observances (if applicable):
☐ Pueblo Feast Days / Tribal Ceremonies: [________________________________]
☐ Other: [________________________________]

3.4 Exchanges

a. Location: ☐ Custodial Parent's residence ☐ School ☐ Neutral public location: [________________________________] ☐ Supervised exchange location: [________________________________]

b. Transportation: ☐ Non-Custodial Parent picks up and returns ☐ Custodial Parent provides transportation ☐ Shared equally ☐ Other: [________________________________]

c. Punctuality and Conduct: Both Parents shall be punctual and respectful during exchanges. Late arrival beyond thirty (30) minutes without prior notice may result in forfeiture of that timesharing period.

d. Long-Distance Arrangements: If the Parents reside in different cities: [________________________________]

3.5 Right of First Refusal

☐ If the Custodial Parent requires child care for more than [____] hours, the Non-Custodial Parent shall be offered the opportunity to provide care first.

☐ Not applicable.

ARTICLE IV — COMMUNICATION

4.1 Parent-Child Communication

a. The Custodial Parent shall facilitate reasonable phone or video contact between the Non-Custodial Parent and child(ren) at the following times: [________________________________]
(Example: "Daily at 7:00 PM for up to twenty (20) minutes" or "Every other day at a mutually convenient time.")

b. The Custodial Parent shall ensure the child(ren) are available, provide privacy, and shall not monitor, record, or interfere with the communication.

c. The child(ren) may initiate contact with the Non-Custodial Parent at any reasonable time.

d. ☐ If an Order of Protection or no-contact order restricts direct communication, parent-child contact shall be facilitated through [________________________________] (third party, supervised visitation center, etc.).

4.2 Parent-to-Parent Communication

a. Method: ☐ Email ☐ Text ☐ Co-parenting app ([________________________________]) ☐ Through attorneys ☐ Other: [________________________________]

b. Communications shall be respectful and limited to the child(ren)'s welfare and logistical matters.

c. ☐ If domestic violence is a factor, all communication shall occur through ☐ a co-parenting app with documentation ☐ attorneys ☐ a mutually agreed third party.

4.3 Information Access

The Non-Custodial Parent shall have the right to access the child(ren)'s:

• School records, report cards, and progress reports (directly from the school)
• Medical, dental, and mental health records (directly from providers)
• Extracurricular activity schedules

The Custodial Parent shall provide copies of report cards and significant medical information within fourteen (14) days of receipt.

4.4 Notification Requirements

The Custodial Parent shall notify the Non-Custodial Parent within twenty-four (24) hours of:

• Any serious illness, injury, or hospitalization
• Any emergency involving the child(ren)
• Any school disciplinary action
• Any contact with law enforcement, CYFD, or tribal social services
• Any change in the Custodial Parent's address, phone number, or employment
• Any planned out-of-state travel (at least seventy-two (72) hours in advance)

ARTICLE V — RELOCATION

5.1 Intrastate Relocation

The Custodial Parent may relocate with the child(ren) within New Mexico upon thirty (30) days' written notice to the Non-Custodial Parent pursuant to NMSA 1978, § 40-4-9.1(I). The notice shall include the new address, reason for the move, proposed effective date, and any proposed modifications to the timesharing schedule.

5.2 Out-of-State Relocation

Relocation of the child(ren) outside New Mexico requires:
☐ The Non-Custodial Parent's written consent; OR
☐ Court approval after consideration of the child(ren)'s best interests.

If the Non-Custodial Parent objects, the Parents shall first attempt mediation. If mediation fails, either Parent may petition the Court.

5.3 Non-Custodial Parent Relocation

The Non-Custodial Parent shall provide thirty (30) days' written notice of any change of address. If the Non-Custodial Parent's relocation affects the timesharing schedule, the Parents shall cooperate to modify the schedule or submit the matter to mediation or the Court.

ARTICLE VI — DOMESTIC VIOLENCE AND SAFETY PROVISIONS

6.1 Active Orders of Protection

☐ No active Order of Protection exists.
☐ An Order of Protection is currently in effect: Case No. [________________________________], issued by [________________________________] Court on [__/__/____], expiring [__/__/____]. All provisions of the Order of Protection shall be observed and supersede any conflicting provisions of this Agreement.

6.2 Rebuttable Presumption Under § 40-4-9.1(A)

If sole custody is awarded due to domestic violence, the Court has found or the Parents acknowledge:

☐ The Non-Custodial Parent committed domestic abuse as defined in the Family Violence Protection Act (§ 40-13-2).
☐ The rebuttable presumption against custody to the abusive parent applies.
☐ The following safety measures are in place to protect the child(ren): [________________________________]

6.3 Conditions for Non-Custodial Parent

☐ The Non-Custodial Parent shall complete a batterer's intervention program approved by the Court.
☐ The Non-Custodial Parent shall submit to random drug/alcohol testing.
☐ The Non-Custodial Parent shall attend and successfully complete a parenting education course.
☐ The Non-Custodial Parent shall engage in individual counseling with a licensed therapist.
☐ The Non-Custodial Parent shall have no contact with the Custodial Parent except as required for timesharing logistics, conducted through [________________________________].
☐ Other: [________________________________]

ARTICLE VII — COVENANTS AND RESTRICTIONS

7.1 Non-Interference

The Non-Custodial Parent shall not interfere with the Custodial Parent's exclusive decision-making authority, the child(ren)'s primary residence, school enrollment, or daily routines.

7.2 Non-Disparagement

Neither Parent shall make negative or disparaging remarks about the other Parent in the child(ren)'s presence or hearing, or allow third parties to do so.

7.3 Anti-Alienation

Neither Parent shall engage in conduct designed to alienate the child(ren) from the other Parent or undermine the parent-child relationship.

7.4 Timely Return

The Non-Custodial Parent shall return the child(ren) to the Custodial Parent at the scheduled time and location. Failure to return the child(ren) on time without reasonable notice constitutes a material breach and may result in contempt proceedings.

7.5 Substance Use

Neither Parent shall consume alcohol to impairment or use illegal substances during timesharing or within twelve (12) hours before timesharing begins.

7.6 Firearms

All firearms shall be stored unloaded in locked containers with ammunition stored separately, inaccessible to the child(ren).

7.7 Supervised Timesharing Compliance

If supervised timesharing is ordered, the Non-Custodial Parent shall comply with all supervision requirements, including fees, behavioral expectations, and conditions imposed by the supervisor or Court.

ARTICLE VIII — DISPUTE RESOLUTION

8.1 Mediation

Before seeking Court intervention (except in emergencies), Parents shall attempt mediation pursuant to NMSA 1978, § 40-12-1 et seq. Mediation is not required where domestic violence has occurred unless the Court makes the three statutory findings under § 40-4-8.

8.2 Guardian Ad Litem

Either Parent may request appointment of a Guardian ad Litem pursuant to NMSA 1978, § 40-4-8 to represent the child(ren)'s interests.

8.3 Forum

All proceedings shall be filed in the [____] Judicial District Court, County of [________________________________], New Mexico.

8.4 Attorneys' Fees

☐ Each Parent bears own fees. ☐ Court may allocate to prevailing party. ☐ Other: [________________________________]

ARTICLE IX — FINANCIAL PROVISIONS

9.1 Health Insurance

[________________________________] shall maintain health insurance for the child(ren).

9.2 Unreimbursed Medical Expenses

Unreimbursed medical expenses shall be allocated:
☐ Custodial Parent: [____]% / Non-Custodial Parent: [____]%
☐ Equally
☐ 100% to [________________________________]

9.3 Child Support

Child support is governed by the NM Child Support Guidelines (NMSA 1978, § 40-4-11.1) and addressed in a separate order.

ARTICLE X — TRIBAL JURISDICTION AND ICWA

☐ Not applicable.

☐ Applicable — Child(ren) is/are a member of or eligible for membership in [________________________________] Pueblo/Nation/Tribe. ICWA and NM Indian Family Protection Act (§ 32A-28-1 et seq.) notices have been provided. Tribal court: ☐ has declined jurisdiction ☐ has concurrent jurisdiction ☐ has not responded.

Cultural provisions: The Custodial Parent shall ensure the child(ren)'s continued participation in tribal cultural activities, ceremonies, and language preservation to the extent practicable.

ARTICLE XI — GENERAL PROVISIONS

11.1 Modification

Modification requires a substantial and material change in circumstances and a finding that modification serves the child(ren)'s best interests (§ 40-4-9(A)).

11.2 Parenting Education

☐ Completed. ☐ Shall be completed within [____] days. ☐ Not required.

11.3 Severability

If any provision is unenforceable, the remaining provisions remain in full force.

11.4 Integration

This Agreement constitutes the entire understanding regarding custody and timesharing.

11.5 Governing Law

This Agreement is governed by New Mexico law.

ARTICLE XII — SIGNATURES AND COURT APPROVAL

12.1 Parent Signatures

CUSTODIAL PARENT:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

NON-CUSTODIAL PARENT:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

12.2 Verification

STATE OF NEW MEXICO )
) ss.
COUNTY OF [________________________________] )

I, [________________________________], being duly sworn, state that I have read this Sole Custody Agreement and that its contents are true and correct to the best of my knowledge.

Signature: _________________________________

Subscribed and sworn to before me this [____] day of [________________________________], 20[____].

_________________________________
Notary Public
My Commission Expires: [__/__/____]

12.3 Attorney Approval

Attorney for Custodial Parent:
Signature: _________________________________
Name: [________________________________]
NM Bar No.: [________________________________]
Address: [________________________________]
Phone: [________________________________]

Attorney for Non-Custodial Parent:
Signature: _________________________________
Name: [________________________________]
NM Bar No.: [________________________________]
Address: [________________________________]
Phone: [________________________________]

12.4 Order of the Court

ORDER APPROVING SOLE CUSTODY AGREEMENT

The Court, having reviewed the foregoing Sole Custody Agreement and Timesharing Provisions, having considered the best interest factors under NMSA 1978, § 40-4-9(A), and finding that: (1) the rebuttable presumption of joint custody under § 40-4-9.1(A) has been rebutted; (2) sole custody to [________________________________] serves the best interests of the minor child(ren); and (3) the timesharing schedule is reasonable and appropriate:

IT IS HEREBY ORDERED that the Sole Custody Agreement is APPROVED and incorporated into this Court's Order.

IT IS FURTHER ORDERED that the timesharing schedule set forth in Article III shall be observed by both Parents. Violation may result in contempt proceedings.

Date: [__/__/____]

_________________________________
District Judge
[____] Judicial District Court
County of [________________________________], New Mexico

SOURCES AND REFERENCES

• NMSA 1978, § 40-4-9 — Standards for the Determination of Child Custody; Hearing
• NMSA 1978, § 40-4-9.1 — Joint Custody; Standards for Determination; Parenting Plan
• NMSA 1978, § 40-4-9.1(A) — Rebuttable Presumption of Joint Custody; Presumption Against Custody for DV Offender
• NMSA 1978, § 40-4-9.1(B) — Mandatory Parenting Plan
• NMSA 1978, § 40-4-9.1(I) — Relocation Notification
• NMSA 1978, § 40-4-8 — Contested Custody; Guardian Ad Litem
• NMSA 1978, § 40-4-11.1 — Child Support Guidelines
• NMSA 1978, § 40-12-1 et seq. — Domestic Relations Mediation Act
• NMSA 1978, § 40-13-1 et seq. — Family Violence Protection Act
• NMSA 1978, § 40-13-2 — Definition of Domestic Abuse
• NMSA 1978, § 32A-28-1 et seq. — New Mexico Indian Family Protection Act
• 25 U.S.C. § 1901 et seq. — Indian Child Welfare Act
• NM Judicial Districts: https://nmcourts.gov/courts-by-district/