What are the Father’s Visitation Rights in New Mexico?

When parents divorce in New Mexico, their parental rights and responsibilities remain essentially the same. Regardless of who the child spends the most time with, both parents usually have equal rights to parenting time and equal responsibilities to raise and support them until they reach adulthood.

Unless it is contrary to the best interests of the child, a father usually has the right to spend approximately equal time with the child as the mother.

What are the Father's Visitation Rights in New Mexico

Understanding a father’s visitation rights in New Mexico and how to navigate the visitation regulations is essential for both spouses when preparing to lead separate lives as parents. It is especially important for fathers involved in parenting disputes. 

Here’s what you need to know…

Legal framework for visitation rights in New Mexico

In New Mexico, child custody refers to two separate but connected matters:

  1. Who makes the major decisions that affect the children’s lives, such as education, healthcare, and extracurricular activities (legal custody). 
  2. Who the children predominantly live with (physical custody). There is no initial presumption in favor of either parent.

The general presumption is that both parents should be actively involved in raising their children even after a divorce. In standard situations, this is considered to be in the child’s best interests, which is the primary consideration for all decisions that affect children in New Mexico. 

What are a father’s rights in New Mexico?

A father’s visitation rights allow fathers to spend adequate parenting time with their children under New Mexico’s custody statutes. Because of the equal rights and responsibilities for both parents regardless of gender, the father’s rights are exactly the same as the rights of the mother.

In most cases, one parent enjoys primary custody (most commonly the mother but both parents have equal rights) and the other parent has child visitation rights or “parenting time” rights.

Parenting time schedules are legally enforceable arrangements by which fathers who do not have primary physical custody of a child (sometimes called “non-custodial” parents) get to legally spend time with their child after a divorce or separation. Fathers can then stay actively involved in their children’s lives.

Fathers in New Mexico have the right to:

  • Reasonable visitation—unless the court determines it to not be in the child’s best interests.
  • Access to educational, medical, and other essential records concerning their child.
  • Notification of relocation if there is shared legal custody and the other parent plans to relocate with the child.
  • Enforcement of visitation orders if the custodial parent interferes with visitation rights. 

Fathers must understand these rights and take the initiative to assert their rights if they are not being observed by the other parent. Other father’s rights in New Mexico include:

  • The right to receive notice of any court proceedings
  • The right to participate in a court hearing
  • The right to be heard during legal proceedings
  • The right to seek legal representation
  • The right to be informed of the progress of their case
  • The right to seek a modification or termination of a court order if their circumstances change

Factors affecting child visitation arrangements

In most cases, parents discuss how to divide time and decision-making responsibilities in the best interests of the children after a marriage ends. This is formalized in a parenting plan.

If this is not possible, however, the New Mexico courts will intervene on behalf of the children. In doing so, the courts will consider the following main factors to determine and order child custody arrangements:

  • The age and health of the child
  • The emotional, physical, and educational needs of the child
  • The current and historical relationship between the child and each parent
  • The past behavior of each parent and the safety/stability of the environment they can provide for the child
  • The capability of the parents to cooperate in parenting
  • The work schedules of each parent 
  • Any history of substance abuse, domestic violence or parental neglect
  • The preferences of the child (if mature enough to express a meaningful opinion)
  • Any other relevant factors

Some of these factors may be given more weight than others, depending on circumstances.

Types of visitation arrangements in New Mexico

There are two main types of visitation arrangements in New Mexico:

  • Standard visitation schedules where parents share time as equally as possible, taking into account weekends, vacations, work schedules, etc.
  • Supervised visitation, in cases where a child’s safety may be at risk during visits with a parent who, nevertheless retains parental rights. A court-appointed supervisor will attend the meetings to ensure the safety and well-being of the child.

How to navigate the complexities of child visitation in New Mexico

To improve the chances of a fair visitation schedule, fathers should:

  • Stay informed about their legal rights and responsibilities
  • Build and maintain a positive relationship with their children
  • Assist with daycare, transport, homework, and other aspects of the child’s life wherever possible
  • Continue to communicate closely with the co-parent

In practice, just because fathers and mothers are treated equally under the law does not always mean that fathers get equal parenting time or an equal say in decisions after shared custody is awarded. 

This is especially the case with very young children, who are usually perceived as being better off with their mother—and the child’s best interests are considered paramount (more important than a father’s rights).

If your father’s rights are not being observed, the primary custodial parent is not complying with a visitation order, or you need to modify an existing order because of a change of circumstances, seeking seasoned legal assistance can protect your rights and outline your legal options.

For advice on your legal rights, responsibilities, and options during a divorce, book a consultation with a divorce lawyer from Legal Solutions of New Mexico or call us at 505-445-4444.