Under New Mexico Law custody can be modified any time there is a material and substantial change in circumstances that impact on the best interest of the child. There are no bright line tests to apply to such a situation but here are three tests to apply to your consideration to a change of custody. Just because you can doesn’t always mean you should.
#1. Significance. Changing custody or embarking on a custody case isn’t something that you should consider lightly. Just because the other parent is 10 minutes late one time isn’t grounds to change custody. Instead, consider a modification of custody for more serious issues.
#2. Count the Cost. When contemplating whether you should modify custody you should count the cost. This isn’t just in terms of money but consider the emotional toll that a change of custody can bring to you and your child and your family.
#3. Timing. The timing of a custody modification is important. The timing for a change of custody probably shouldn’t be raised around Christmas time. This is not only will it disrupt the holidays but the court won’t get you in due to the holiday season. Thus, consider the timing of when you should modify custody.