Child Custody & Parentage

In the State of New Mexico, unmarried parents still have shared rights and responsibilities. When unmarried parents decide to separate, they need many of the same legal documents as those getting a divorce with children.

DivorceNM.com provides affordable legal support so that parents can solidify parentage and custody with the Family Courts.

Who May File Child Custody and Parentage

Child custody and parentage cases may be filed and one or both parties act pro se if all the following conditions apply:

  • You are unmarried
  • You have a child or children:
    • Under the age of 18; or
    • Over the age of 18 with a disability whom you claim as a dependent; or
    • You are expecting a child with your partner
  • All children live in the State of New Mexico

If a custody and parentage case involves a child (or children) living outside New Mexico, we recommend you consult an experienced family law attorney to discuss your options.

What Is Included in Child Custody and Parentage ($295*)

Child custody and parentage services include:

  • Printable intake forms to help you gather all necessary information needed to complete the process
  • Completion of all documents for both parties, including:
    • Child Custody Agreement with parenting plan that specifies custody, visitation and/or timesharing agreements
    • Child support schedule and supporting worksheet
  • Live chat help during specified times
  • Ability to make unlimited modifications to your documents at no additional cost

To start your process, you will need to register. However, payment is not due until your legal documents are ready for signing. Your forms are delivered with easy filing with instructions.

*Please note: The Child Custody and Parentage package cost does not include court filing fees.

Filing fees average about $130 + $12 e-filing fee (optional) but will vary by district in which you file for divorce. If your income is below a certain level, you may be entitled to “free process,” a waiver of the filing fee. Ask the clerk’s office at your local district court for more information about free process to file your divorce without children.

Preparing for Your Child Custody and Parentage Case

The major difference between a child custody and parentage case and a divorce with children is that the Court does not concern itself with property division. So, to prepare to start your process, you only need to download and complete the Child Custody Intake Form.

Additional Legal Support When You Need It

DivorceNM.com allows you to pursue your case “on your own, but not alone.” In the event you would like legal advice about your case, you may schedule a consultation with an experienced New Mexico family law attorney.

Consultations up to 15-minutes are free. Appointments are required.