Raising a child when you and your co-parent are not married can present unique challenges—especially when it comes to legal custody, visitation, and decision-making. In New Mexico, the law treats custody for unmarried parents differently than for divorcing couples, and understanding these differences can help you protect your parental rights and your child’s best interests.
Custody Rights for Unmarried Mothers and Fathers in New Mexico
Unmarried Mothers: In New Mexico, an unmarried mother automatically has legal and physical custody of her child at birth. This includes the right to make decisions about the child’s education, medical care, and residence, unless a court order states otherwise.
Unmarried Fathers: A father who is not married to the mother does not automatically have legal custody. To establish rights such as visitation or shared custody, the father must legally establish paternity—either by signing an Acknowledgment of Paternity or through DNA testing and a court order.
Until paternity is established, the mother has sole custody, even if the father’s name appears on the birth certificate.
How Custody Decisions Are Made
Once paternity is legally established, unmarried parents stand on equal legal footing when it comes to custody disputes. At that point, the court applies the same “best interests of the child” standard used in divorce cases.
Judges will consider factors such as:
- Each parent’s ability to provide a stable home environment
- The child’s relationship with each parent
- The child’s physical, emotional, and educational needs
- Any history of abuse, neglect, or substance abuse
- The willingness of each parent to encourage a positive relationship with the other parent
New Mexico law favors joint custody when possible, meaning both parents share responsibility for major decisions. However, this doesn’t always mean equal parenting time—schedules are tailored to the child’s best interests and the parents’ circumstances.
Why Establishing Paternity Matters
For unmarried fathers, establishing paternity is the key to securing custody or visitation rights. Without it, the father has no enforceable rights to see the child or participate in decision-making. Similarly, once paternity is established, the court can also require the father to provide child support, ensuring the child’s needs are financially met.
How Genus Law Group Can Help
Custody disputes are never easy, and for unmarried parents, the process can feel even more confusing. At Genus Law Group, we help unmarried mothers and fathers in New Mexico establish paternity, secure custody and visitation rights, and protect their child’s best interests. Whether you’re seeking more parenting time, trying to establish legal rights, or responding to a custody petition, our experienced family law team can guide you every step of the way.
If you are an unmarried parent in New Mexico facing custody issues, call Genus Law Group at 505-317-4455 or reach out through our website. We’ll help you understand your rights, build a clear strategy, and advocate for the best possible outcome for you and your child.
