Skip to content
Oakclause

Child Custody Preference Age in New Mexico

In New Mexico, if the child is 14 or older the court must consider the child's desires about where to live before awarding custody; the child's wishes are also a general best interest factor.

Last checked . General information, not legal advice.

New Mexico at a glance

Age named in statute
14 (must be considered)
At 14 or older the court must consider the child's desires before awarding custody.
How the preference is weighed
Must be considered at 14 or older
The wishes of the child as to a custodian are also one of the general best interest factors.
Preference can be decisive
No, must be considered but not binding

Sources

Last checked

The rules in New Mexico

At what age does a child's custody preference count in New Mexico?

Age named in statute in New Mexico: 14 (must be considered). At 14 or older the court must consider the child's desires before awarding custody.

How do courts in New Mexico weigh a child's custody preference?

How the preference is weighed in New Mexico: Must be considered at 14 or older. The wishes of the child as to a custodian are also one of the general best interest factors.

Can a child's preference decide custody in New Mexico?

No, must be considered but not binding. Preference can be decisive in New Mexico: no, must be considered but not binding.

Where do the New Mexico child custody preference laws come from?

The rules above come from N.M. Stat. Ann. 40-4-9(A)(2), (B). Each source is linked on this page. We last checked them in October 2026.

What this means in practice

A child's preference is rarely the only thing a court looks at. Judges also weigh each parent's ability to care for the child, the child's ties to home, school and community, and any history of abuse or conflict. A clear preference from an older, mature child can carry real weight, but it does not replace the best interests test.

Courts often hear from children privately, for example in a judge's chambers, through a guardian ad litem, or through a custody evaluator, rather than on the witness stand. The process and who may be present depend on local court rules and the judge's discretion.

Courts look closely at whether a preference is the child's own view or the result of pressure from a parent. Coaching a child or promising rewards for choosing a side can hurt a parent's case. Parents who reach their own arrangement can record it in a parenting plan or settlement agreement for the court to review.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.