Custody & Time Sharing

What is the difference between custody and time sharing? When we meet with people we generally hear people use the term custody to really refer to how much time they spend with their child. It’s important to understand the difference because there are different standards and presumptions depending on what you are talking about. Custody, in its simplest sense, is the ability to make decisions in five areas: religion, health care, schooling, recreational activities, residence.

In New Mexico there are two types of custody. One is sole custody where one parent makes the decision about these five areas. The other type of custody is joint custody where both parents have to make decisions that involve one of these five areas. Moreover, under NM law, joint custody is presumed to be in the best interests of the child. Thus, because of this presumption it becomes very difficult to win sole custody, absent exceptional circumstances. However, custody has very little bearing on how often a parent sees a child. This is known as time sharing.

Time sharing is determined based on what is in the “best interests of the child.” This, of course, is depending on the totality of the circumstances. At the Justice Legal Group we have a proprietary approach to ascertaining the strength of your custody and time sharing case. Contact us at 505-880-8737 or email us at to learn more about your custody and time sharing needs.