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what is a material change in circumstance with a custody and time sharing case in order to modify custody and time sharing in New Mexico you need to show that thereamp;#39;s a material and substantial change in circumstance a big change in circumstance and a change in circumstance is whatever your judge says it is it can be something really big like abuse neglect domestic violence multiple DWIs a restraining order or it can be a combination of little factors such as child not doing well in school issues within the home or just a little combination of factors that gets to the big change in circumstance But ultimately your judge decides what is a material change in circumstance thatamp;#39;s necessary to change custody and time sharing