In one sentenceRule 1-124 requires parties in a custody or visitation proceeding to attempt a joint parenting plan, and allows binding arbitration or court-ordered mediation if they cannot agree.
A.Parenting plan required. If a domestic relations proceeding involves custody or visitation of minor children, the parties shall attempt to agree upon and file a joint parenting plan pursuant to Section 40-4-9.1 NMSA 1978 within sixty (60) days of the filing of the petition for dissolution.
B.Binding arbitration. If the parties have not filed a parenting plan, the parties may agree to submit issues involving custody or visitation to binding arbitration pursuant to Section 40-4-7.2 NMSA 1978.
C.Mediation. If the parties have not agreed to a parenting plan or to binding arbitration pursuant to Paragraphs A or B of this rule, the court may refer the matter to family counseling or mediation prior to holding a hearing on child custody or visitation.
End
Rule History
[Approved, effective November 1, 2000 until November 1, 2001; approved, effective November 1, 2001.]
Plain-English Summary
This rule channels custody disputes toward agreement. If a domestic relations proceeding involves custody or visitation of minor children, the parties must try to agree on and file a joint parenting plan under Section 40-4-9.1 within sixty days of the petition for dissolution. If they do not file a plan, they may agree to submit custody or visitation issues to binding arbitration, and if they neither file a plan nor agree to arbitration, the court may refer the matter to family counseling or mediation before a custody hearing.
Frequently Asked Questions
Do parents have to file a parenting plan?
Yes. In a custody or visitation proceeding the parties must attempt to agree on and file a joint parenting plan within sixty days of the petition for dissolution.
What if the parents cannot agree on a parenting plan?
They may agree to binding arbitration of custody or visitation issues, or the court may refer the matter to family counseling or mediation before holding a hearing.
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-124 NMRA), published by the New Mexico Compilation Commission (NMOneSource).
Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. ·
Official source
Also known as:parenting planchild custodybinding arbitrationcustody mediation