Table of Contents
What age can a child decide which parent to live with in New Mexico?
14 years old
Child’s Own Wishes A child can state a preference as to which parent they would rather live with at any age. However, at 14 years old, the court shifts to considering the child’s wishes more seriously.
Is NM A Mother State?
In New Mexico, is there a bias favoring mothers in custody cases? In child custody cases and any domestic proceedings involving the custody or visitation of children, the State of New Mexico does not favor one parent over another based on gender (NMSA § 40-4-9.1C).
Is New Mexico a 50/50 custody State?
New Mexico law outlines shared custody as any arrangement in which the child has regular and continuing contact with both parents. Parenting time does not have to be equally divided to qualify for shared physical custody.
How old does a child have to be to choose a parent?
A child 14 or older has the right to select which parent they live with, unless a judge finds the selected parent does not serve the child’s best interests. The judge considers the desires of a child at least 11 but not yet 14. The court considers the wishes of the child, with more consideration given if the child is at least 14.
Can a child decide which parent to live with?
It will be necessary to prove, however, that your child has the capacity to have and express a preference. Only then will the court allow them to help decide which parent to live with. Whether this is expressed by age and other means, that will be handled on a case by case basis.
How old does a child have to be to address the court in California?
California Family Code Section 3042 states that 14 years is the age at which a child may address the court; however, this does not prohibit younger children from addressing the court regarding custody or visitation. Also, Section 3042 also does not guarantee that a child over the age of 14 can address the court.
How old does a child have to be to get custody?
If the court considers both parents fit to have custody, the chancellor (judge) may consider the preference of a child 12 or older. If the child is 14 or older, the court considers their desires. If the child is under 14, the court decides custody per the child’s best interests, considering factors like the child’s wishes.