Legal Question in Family Law in New Mexico

You don't say what action is in court. Is it a paternity action - a suit to determine paternity of the child? I assume so.

The default position of NM courts is that both parents have equal right to the child - joint legal custody. If the parents are not living together then the court will determine how the child's time will be split between the parents - a parenting plan, determination of physical custody.. Some courts have established guidelines for how the time is allocated based on the age of the child. The court will take testimony and may appoint a guardian ad litem to determine what kind of time allocation would be in the best interests of the child. Child support is then determined based on the parents' income, and how much time the child spends with each.