Standard Parenting Time Schedules and Court Guidelines in New Mexico
New Mexico has no standard parenting time schedule in the statutes we read. The parenting plan divides time into periods of responsibility, and for child support 35% of the year in each home, about 128 days, is the shared responsibility line.
Does New Mexico have a standard parenting time schedule?
Not in the statutes we read. For joint custody the court approves a parenting plan that includes a division of the child’s time and care into periods of responsibility for each parent, and it may cover religion, education, child care, activities, medical care, decision-making, communication, transportation and dispute resolution (40-4-9.1(F)). The schedule is set in your plan.
What is the 35% line in New Mexico?
In the child support guidelines, “basic visitation” means one parent has physical custody and the other has the children less than 35 percent of the time, and “shared responsibility” means each parent provides a suitable home, the children spend at least 35 percent of the year in each home and the parents significantly share the duties, responsibilities and expenses of parenting (40-4-11.1(F)). 35% of 365 is 127.75, so 128 or more days.
| Pattern (other parent) | Days a year | Fewer-days parent | 35% or more |
|---|---|---|---|
| 2 of 14 nights | 52 | 14.2% | No: basic visitation |
| 3 of 14 nights | 78 | 21.4% | No: basic visitation |
| 4 of 14 nights | 104 | 28.5% | No: basic visitation |
| 5 of 14 nights | 130 | 35.6% | Yes: shared responsibility |
| 6 of 14 nights | 156 | 42.7% | Yes: shared responsibility |
| 7 of 14 nights | 183 | 49.9% | Yes: shared responsibility |
These are our counts of a repeating 14-day pattern before extra summer or holiday days.
Do both conditions have to be met in New Mexico?
Yes: the 35 percent of the year and the significant sharing of duties and expenses. The New Mexico child support calculator lets you choose between Worksheet A for basic visitation and Worksheet B for shared responsibility.
Which calculator should I use after counting days in New Mexico?
Take the days to the New Mexico child support calculator and keep the New Mexico parenting time calculator count consistent with your plan.
Where can I read the guidelines in New Mexico?
The court publishes the child support guidelines and schedule (New Mexico Child Support Guidelines and Schedule), which include the worksheets for basic visitation and shared responsibility.
What should a written schedule cover in New Mexico?
- The regular pattern, with exchange days, times and a place.
- Holidays, school breaks and summer, and how they replace the regular pattern.
- The day count, so child support uses the right worksheet.
- Transportation, communication and decision-making.
- How changes are agreed and put in writing.
What if the parents cannot agree in New Mexico?
Each submits a parenting plan and the court may accept either, combine them or revise them as the child’s best interests require (40-4-9.1(F)). See the uncontested versus contested divorce in New Mexico post for how agreed and disputed cases differ.
Can the court use outside help in New Mexico?
Where custody is contested the court refers it to mediation if feasible and may use auxiliary services such as a professional evaluation under Rule 706 of the Rules of Evidence or a master under Rule 53 (40-4-9.1(G)).
Can a parent without custody see school and medical records in New Mexico?
Yes. Access to a minor child’s medical, dental and school records shall not be denied to a parent because that parent is not the physical custodial parent or a joint custodial parent (40-4-9.1(H)).
Frequently asked questions
Is there a standard parenting schedule in New Mexico?
No statewide schedule appears in the statutes we read; the parenting plan sets it.
How many days is 35% of the year in New Mexico?
About 128 days, since 35% of 365 is 127.75.
Does a 5-in-14 schedule reach the New Mexico 35% line?
Yes. It is about 130 days, 35.6%.
Does a 4-in-14 schedule reach the New Mexico 35% line?
No. It is about 104 days, 28.5%.
Who sets the schedule if New Mexico parents cannot agree?
The court, on the child’s best interests, after mediation if feasible.
Official sources
- NMSA 40-4-9.1: joint custody; parenting plan
- NMSA 40-4-9: standards for custody
- NMSA 40-4-8: contested custody; mediation
- NMSA 40-4-11.1: child support guidelines
- New Mexico Child Support Guidelines and Schedule
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited New Mexico statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed New Mexico attorney.