Section 40-4-9 - Standards for the determination of child custody; hearing. - New Mexico Statutes

40-4-9. Standards for the determination of child custody; hearing.

A.     In any case in which a judgment or decree will be entered awarding the custody of a minor, the district court shall, if the minor is under the age of fourteen, determine custody in accordance with the best interests of the child. The court shall consider all relevant factors including, but not limited to:   

(1)     the wishes of the child's parent or parents as to his custody;   

(2)     the wishes of the child as to his custodian;   

(3)     the interaction and interrelationship of the child with his parents, his siblings and any other person who may significantly affect the child's best interest;   

(4)     the child's adjustment to his home, school and community; and   

(5)     the mental and physical health of all individuals involved.   

B.     If the minor is fourteen years of age or older, the court shall consider the desires of the minor as to with whom he wishes to live before awarding custody of such minor.   

C.     Whenever testimony is taken from the minor concerning his choice of custodian, the court shall hold a private hearing in his chambers. The judge shall have a court reporter in his chambers who shall transcribe the hearing; however, the court reporter shall not file a transcript unless an appeal is taken.