Parenting plans—also known as custody agreements or custody and visitation agreements—are proposals submitted by parents for how issues involving children should be handled following a divorce or other proceeding in family court. The court will usually request the parents submit such a document proposing how conservatorship (decision-making), custody or possession, support, and other issues will be handled. The court may adopt some or all of these proposals and include them in the court’s order (divorce decree, child support and custody order), at which point the become legally enforceable.
In many states there is a standard possession order (SPO) that serves as the default terms for such matters, and as a useful starting point for parents who wish to modify it by agreement.
In New Mexico, parenting plans are essential components of family law proceedings involving children. These plans outline how divorced or separated parents will share decision-making responsibilities (conservatorship), custody, visitation (possession), child support, and other child-related matters. New Mexico law requires parents to submit a proposed parenting plan to the court, which may include agreements on physical and legal custody, visitation schedules, holiday arrangements, and how future modifications will be addressed. The court will review the proposed parenting plan to ensure it serves the best interests of the child before incorporating it into a final court order, such as a divorce decree or custody order, making it legally enforceable. While New Mexico does not have a 'standard possession order' (SPO) like some other states, the state's statutes provide guidelines to assist parents in creating a workable parenting plan. If parents cannot agree on a plan, the court may establish custody arrangements based on the child's best interests.