Tracy Bensun

Developing a New Mexico Visitation Schedule

It is important to know your state's laws regarding child custody and visitation. You can create a New Mexico visitation schedule that works for everyone involved.

It is important to include a visitation schedule in a custody agreement or parenting plan after a divorce or separation. A child visitation schedule is an outline for how parents will continue caring for their child and how they will continue to spend time with their child. The foundation of a visitation schedule is the repeating cycle of custody. Parents have to decide the day-to-day schedule of where their child will live and when the child will be with each parent.

• In sole physical custody, one parent has custody and the other has rights for visitation.

  • Some common sole custody situations are that the custodial parent has the child during the week and the non-custodial parent has him/her on the weekends; the non-custodial parent cares for the child on alternating weekends; the non-custodial parent cares for the child on alternating weekends and one weeknight, multiple weeknights or overnight during the week.

• In joint physical custody, both parents divide their time with the child more evenly, although it does not have to be equal.

  • Some common joint visitation schedules include alternating weeks; a 2/2/5/5 or 3/3/4/4 schedule; and splitting weeks in half. A custom visitation schedule should be made that works best for the child.

Once a repeating cycle has been made, the parents need to make a holiday schedule that includes national, school and religious holidays as well as special family days. The parents must decide how long each holiday lasts and how each holiday is divided and how the holidays are alternated. In addition to a holiday schedule, a vacation schedule that includes vacation time and special events should be added to the visitation schedule. This schedule should specify school breaks and specified vacations with each parent. Special events that affect the normal schedule should also be included.

Along with the schedule, parents may also include provisions or guidelines that impact the schedule. Provisions help the schedule run more smoothly. Some examples of provisions include: information about transportation and exchanges, how changes will be made to the schedule and the right of first refusal.

In New Mexico, it is presumed that a joint visitation schedule is in the child's best interests. This does not mean that parenting time and responsibilities are divided exactly equally. It means that both parents share substantial time with the child and that the parents both share responsibilities for making decisions. When creating a New Mexico visitation schedule, parents should think about what the child wants and needs, how well the child adjusts to change and the current relationship between the child and each parent.

Create a visitation schedule in New Mexico that most benefits the child and work with the other parent as much as possible.

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