Domestic Violence and New Mexico Family Court

Custody and Parenting Time Basics

Custody refers to the legal rights and responsibilities parents have regarding their children. It typically includes two main components: legal custody, which involves decision-making about the child’s welfare, education, and health, and physical custody, which concerns where the child lives. Parenting time (often called visitation) determines when and how often a parent spends time with their child. Courts aim to create arrangements that support the child’s best interests, prioritizing stability, safety, and meaningful relationships with both parents whenever appropriate.

Child Safety Considerations

Child safety is the paramount concern in any custody or parenting time decision. Factors include the child’s physical and emotional well-being, exposure to harm, neglect, or trauma. Courts and professionals carefully evaluate the history of domestic violence, substance abuse, mental health issues, and the child’s expressed wishes, if of age. Ensuring a predictable and secure environment free from harm helps protect children’s overall development and well-being.

Raising Domestic Violence Concerns

If domestic violence (DV) has occurred or is suspected, it is essential to raise these concerns early in the custody process. Providing clear, documented information about the abuse helps courts understand the risks and make informed decisions to protect the child and abused parent. Seeking support from specialized advocates and legal resources, such as dv.support, can guide survivors through complex situations while safeguarding safety and rights.

When Supervision May Be Considered

Supervised parenting time may be ordered when there are credible concerns about the child’s safety or the parent’s ability to provide a safe environment. This means a neutral third party monitors visits to prevent harm or maltreatment. Such arrangements can be temporary while safety issues are addressed, evaluations completed, or until parents demonstrate readiness to parent without supervision. The goal is always to support positive parent-child contact in a way that safeguards the child’s well-being.