When can I modify a child custody agreement?

In New Mexico, a child custody agreement can be modified with a court order when there has been a substantial and material change in circumstances since the original agreement was established. This change must be related to the care and custody of the children and must affect the welfare and best interest of the children. If the other parent does not agree to the modification, a court order is needed to modify the agreement. A court will consider various factors in determining whether or not a modification is necessary and will be in the best interest of the children. This includes any change in the parents’ finances, health, or living situations. The court may also consider the parent’s willingness to cooperate with each other and the overall stability of the children’s home environments. If a parent wishes to modify a child custody agreement, they must usually file a motion to modify with the court. The other parent must be notified of the motion and will be allowed an opportunity to respond. The court will then review the motion and consider the changes that have occurred and will determine whether or not a modification is necessary and in the best interest of the children. If the court approves the modification, a new court order will be issued outlining the new agreement.

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