Legal Question in Family Law in New Mexico

Re: Is it forfeiting child custody?

This is a very good question asking more generally about custody. To directly answer your question, there is no set "time line" in the law about exercising joint custody. Thus, the larger question is what does it mean to have joint legal custody?

The New Mexico Statutes (Annotated, 1978 compilation) has a law identified at Section 40-4-9.1 and Titled - Joint Custody, standards for determination; parenting plan that tells you what is joint custody. You can find the statutes online or you can go to your public library and view a copy there. You can also contact an attorney and have the attorney explain to you, in depth, about joint custody. That's one of the things lawyers do. In the general description of joint custody the meaning is that both parents discuss and make decisions about how their child will grow up. That discussion and decision making is joint custody. The implementation of those decisions is parenting. There are lots of different ways that people parent their children. If you move out of state and never see your child again then that is one method of parenting. If you move out of state but come back every weekend and see your child and talk to the father about what is going on with the child then make certain decisions which the father will carry out, that is another method of parenting. Also, you could move out of state and talk to your child and the father by telephone or instant messaging or by mail or email. There are lots of ways that people parent their children and interact with the other parent. You have to find your own way and there is lots of help out there to help you find that way.

After you read the law about joint custody you will see that the matter is more about how you and the child's father interact and parent your child. Different court's across the state have different programs available to help parents make or develop parenting plans. As the judge in your case to refer you to one (or more) of those programs.

Good Luck