Jaramillo v. Jaramillo

I write separately for several reasons and respectfully dissent. The effect of the majority opinion is to negate the presumption of joint custody that our legislature has expressed as public policy in New Mexico. In addition, the majority incorrectly determines that requiring a custodial parent to remain in the state unconstitutionally burdens her right to travel. Further, even under the majority’s reasoning, this case should be remanded to the trial court for a further determination of the minor child’s best interest.

I agree with the majority that custody determinations should be based on…