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foreign [Music] custody agreement also known as a parenting plan establishes terms between parents regarding child care decision making visitation and other issues concerning the custody of a shared child it is required for divorcing or separating parents seeking shared custody of a minor child in the state in this video we'll cover basic terms to include in the plan the steps to file for custody in New Mexico and how to modify a custody agreement in New Mexico where e-forms the world's largest online database of fillable legal forms to create your custody agreement click the link at the end of this video first let's review what terms must be included in a New Mexico custody agreement legal custody the court ordered care control parental rights responsibilities and residential obligations of the child physical custody the responsibility to provide housing for the child visitation rights the time a child spends or stays with a non-residential parent next let's walk through the step-by-step instructions to file for custody in New Mexico step one discuss and complete the forms for married parents custody is handled during divorce proceedings the court requires the parents to submit a parenting plan if they petition for shared custody unmarried parents must legally establish paternity before filing a custody case step two file the forms file all forms in the court issued parentage custody packet the link to download this packet is included in the video description below the filing fee for custody cases is 137 without a waiver step three serve the complaint serve the other parent with a copy of the filed documents and a court issued summons this can be done using the county sheriff a process server or anyone age 18 or older that is not directly involved with the case proof of service must be provided to the court step four attend the mediation or hearing once the court receives the proof of service it will schedule a hearing date at the hearing the judge determines whether or not the plan submitted serves the child's best interests if approved by the court the plan becomes legally binding if not approved the parents may need to participate in mediation to improve the parenting plan for approval finally let's review how to modify a custody agreement in New Mexico the court may consider modifying or terminating a custody order if there has been a substantial and material change in circumstances affecting the welfare of the child examples include a parent's illness death or relocation or a significant change in the child's basic needs the proposed change must be in the best interest of the child if the parents agree on the modifications they file the proposed plan and a motion with the court together if they don't agree on the modifications the parent proposing the changes files a motion with the court to review the proposal start your own New Mexico custody agreement by clicking the link below if you want more details about the custody process in New Mexico visit eforms.com where we break down complexities into simple steps to help you confidently manage your legal matters thank you