Quick answer: New Mexico presumes that joint custody is in the child’s best interests in an initial custody determination, though joint custody does not mean equal financial responsibility. For child support, at least 35% of the year in each home, 128 or more days, is the shared responsibility line.
This New Mexico parenting time calculator turns a schedule into days a year and checks the 35% line in NMSA 40-4-11.1. Enter the overnights in a 14-day cycle and any extra days: the result is arithmetic, and the court decides custody under NMSA 40-4-9.1 and support.
New Mexico parenting time and custody rules at a glance
| Rule | What New Mexico says |
|---|---|
| Presumption | A presumption that joint custody is in the child’s best interests in an initial custody determination (NMSA 40-4-9.1(A)) |
| Changing custody | Joint custody replaces an existing arrangement, or is ended, only on a substantial and material change in circumstances affecting the child’s welfare (40-4-9.1(A)) |
| Money | An award of joint custody does not imply an equal division of financial responsibility for the child (40-4-9.1(A)) |
| Factors | The 40-4-9 factors plus nine joint-custody factors, including each parent’s relationship, capability, willingness and the distance between homes (40-4-9.1(B)) |
| Support line | Shared responsibility means at least 35 percent of the year in each home plus significantly shared duties and expenses (40-4-11.1(F)) |
| Moving | A joint custodial parent who plans to change home city or state gives the other 30 days’ written notice stating the date and destination (40-4-9.1(J)(4)(a)) |
How do custody and parenting time work in New Mexico?
- Joint or sole custody. See joint versus sole custody in New Mexico.
- Schedules. See parenting time schedules in New Mexico.
- Moving with a child. See moving away with a child in New Mexico.
What does this parenting time calculator check?
You enter the overnights the other parent has in a typical 14-day cycle and any extra days a year, such as summer and holidays. The calculator scales the cycle to 365 days, adds the extras, finds the parent with fewer days and checks whether that parent reaches 35% of the year, 128 days. The guidelines also require that the parents significantly share the duties and expenses of parenting, which a day count cannot show. It does not calculate child support, which also needs both parents’ incomes: use the New Mexico child support calculator for that, and the New Mexico divorce timeline calculator for the dates of the case.
Frequently asked questions
Does New Mexico presume joint custody?
Yes. There is a presumption that joint custody is in the child’s best interests in an initial custody determination.
How many days is the New Mexico 35% line?
At least 35% of the year in each home, about 128 days, for shared responsibility in child support.
Does joint custody mean equal child support in New Mexico?
No. Joint custody does not imply an equal division of financial responsibility.
Does domestic violence affect New Mexico custody?
Yes. A judicial adjudication of domestic abuse is a factor, and the court must find the arrangement protects the child and the abused person.
Does this New Mexico calculator set child support?
No. It counts days and checks the 35% line; the New Mexico child support calculator estimates the guideline amount.