Child custody cases in New Mexico can be stressful, emotional, and overwhelming—especially when misinformation leads parents to have unrealistic expectations. At Genus Law Group, we’ve heard all the myths, misconceptions, and half-truths that circulate among parents going through custody disputes. Today, we’re going to address some of the most common myths about child custody in New Mexico, so you can enter your custody case with clarity and confidence.
Myth: Mothers Always Win Custody in New Mexico
One of the most persistent myths is the idea that New Mexico courts automatically favor mothers when awarding custody. While it may have been true decades ago, the law today explicitly prohibits gender-based custody decisions. Instead, courts focus solely on the best interests of the child, looking at factors like stability, parental involvement, the relationship between parent and child, and each parent’s ability to provide a nurturing environment.
Judges award custody based on evidence, not assumptions. Fathers have an equal opportunity to secure custody if they can demonstrate their active involvement and capability to care for their child’s needs.
Myth: If Custody is Split 50-50, No One Pays Child Support
Another widespread myth in New Mexico is that a 50-50 custody arrangement means neither parent pays child support. This is not always true. Even with an equal timesharing schedule, child support may still be ordered if one parent has a significantly higher income than the other.
Child support in New Mexico is based on a specific calculation that factors in each parent’s income, parenting time, and certain expenses like childcare and medical insurance. A 50-50 split might reduce the overall amount of support, but it rarely eliminates it altogether.
Myth: Children Can Choose Which Parent They Want to Live With
While New Mexico courts do consider a child’s wishes, particularly as they grow older, there is no specific age when a child can choose their primary residence. The child’s preference is only one factor among many that a judge evaluates. The court ultimately bases its decision on the child’s best interests, considering stability, parenting ability, and the child’s overall well-being—not solely their preference.
Myth: You Can Withhold Visitation if the Other Parent Doesn’t Pay Child Support
Some parents believe they have the right to deny visitation if the other parent is behind on child support payments. This is entirely false. Child support and visitation are separate legal matters. Failing to pay child support does not give you legal authority to withhold visitation. Doing so could put you in contempt of court and even damage your own custody case.
If the other parent is failing to pay child support, the appropriate action is to return to court for enforcement—not to take visitation into your own hands.
Myth: Once Custody is Decided, It Can’t Be Changed
Custody and visitation orders in New Mexico can be modified if there has been a significant change in circumstances since the original order was issued. Examples might include a substantial change in income, relocation, or changes in a child’s educational or medical needs.
If your current arrangement no longer reflects your child’s best interests, the court may modify the custody or timesharing order upon request.
Why These Myths Matter
Believing custody myths can seriously harm your case by leading you to unrealistic expectations or inappropriate decisions. Understanding the realities of custody law in New Mexico helps you prepare more effectively and avoid costly mistakes.
At Genus Law Group, our team of experienced family law attorneys helps parents navigate the complexities of child custody cases in New Mexico. We provide accurate information, clear guidance, and personalized support every step of the way.
Get Real Answers from Genus Law Group
If you’re facing a custody dispute in New Mexico, don’t let myths cloud your judgment or affect your case. Speak to a custody lawyer at Genus Law Group today by calling 505-317-4455 or Click Here to Contact Us through our website. We’re here to clear up confusion, debunk myths, and advocate for the custody arrangement that serves your child’s best interests and protects your parental rights.
