Will the child`s wishes be taken into account when determining custody in the State of New Mexico? Do New Mexico courts consider domestic violence in the definition of custody? Since the court does not have the time or resources to know the intimate needs of each child, it makes sense that as a parent, you are best able to make a decision about custody of your own child. While statistics may show that mothers are more often assigned custody of their children, the court does not privilege one parent over the other because of a parent`s gender (NMSA § 40-4-9.1C). In New Mexico, the court considers the reasonable wishes of the child when determining which parent is granted custody. The judge may take into account the age, maturity and judgment of the child when considering the child`s custody preference. Do New Mexico state courts have the right to hire a lawyer or Guardian Ad Litem to represent the child? As long as your visitation plan for your child is mutually agreed upon by both parents, meets your child`s needs and serves your child`s well-being, it must be accepted by the court (NMSA § 40-4-9.1D). Changing your child`s custody and visitation agreement may be the right thing to do, but before you take any action, you should consider all options to ensure that you are acting in your child`s best interests. New Mexico has laws that expressly authorize the consideration of custodial domestic violence. . . .