reglab/housing_qa huggingface dataset:
NM Stat § 40-6A-713 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 6A - Uniform Interstate Family Support|Article 7 - DETERMINATION OF PARENTAGE|Section 40-6A-713 - Record in original language; English translation.

A record filed with a tribunal of this state pursuant to Sections 40-6A-701 through 40-6A-713 NMSA 1978 must be in the original language and, if not in English, must be accompanied by an English translation. The cost of the translation shall be paid by the state or foreign country issuing the record. History: 1978 Comp., § 40-6A-713, enacted by Laws 2011, ch. 159, § 65. ANNOTATIONSCompiler's notes. — Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch. 159, §§ 1 through 68, effective May 18, 2016. For provisions of Laws 2011, ch. 159, §§ 69 and 70, see compiler's note to 40-6A-100 NMSA 1978. Effective dates. — Laws 2011, ch. 159, § 65 became effective May 18, 2016 due to the repeal of Laws 2011, ch. 159, §§ 69 and 70 by Laws 2016, ch. 61, § 1.
NM Stat § 40-6A-801 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 6A - Uniform Interstate Family Support|Article 8 - INTERSTATE RENDITION|Section 40-6A-801 - Grounds for rendition.

A. For purposes of Section 40-6A-802 NMSA 1978, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by the Uniform Interstate Family Support Act. B. The governor of this state may: (1) demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or (2) on the demand of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee. C. A provision for extradition of individuals not inconsistent with the Uniform Interstate Family Support Act applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom. History: Laws 1994, ch. 107, § 801; 2005, ch. 166, § 45; 2011, ch. 159, § 66. ANNOTATIONSCross references. — For extradition generally, see 31-4-1 to 31-4-31 NMSA 1978. Compiler's notes. — Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch. 159, §§ 1 through 68, effective May 18, 2016. For provisions of Laws 2011, ch. 159, §§ 69 and 70, see compiler's note to 40-6A-100 NMSA 1978. The 2011 amendment, effective May 18, 2016, made stylist changes. The 2005 amendment, effective June 17, 2005, changed "by" to "of" in Subsection (b)(2).
NM Stat § 40-6A-802 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 6A - Uniform Interstate Family Support|Article 8 - INTERSTATE RENDITION|Section 40-6A-802 - Conditions of rendition.

A. Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least sixty days previously the obligee had initiated proceedings for support pursuant to the Uniform Interstate Family Support Act or that the proceeding would be of no avail. B. If, under the Uniform Interstate Family Support Act or a law substantially similar to that act, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding. C. If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order. History: Laws 1994, ch. 107, § 802; 2005, ch. 166, § 46; 2011, ch. 159, § 67. ANNOTATIONSCompiler's notes. — Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch. 159, §§ 1 through 68, effective May 18, 2016. For provisions of Laws 2011, ch. 159, §§ 69 and 70, see compiler's note to 40-6A-100 NMSA 1978. The 2011 amendment, effective May 18, 2016, made stylist changes. The 2005 amendment, effective June 17, 2005, deleted the reference to the Uniform Reciprocal Enforcement of Support Act and the Revised Uniform Reciprocal Enforcement of Support Act in Subsection (b).
NM Stat § 40-6A-901 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 6A - Uniform Interstate Family Support|Article 9 - MISCELLANEOUS PROVISIONS|Section 40-6A-901 - Uniformity of application and construction.

The Uniform Interstate Family Support Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of that act among states enacting it. History: Laws 1994, ch. 107, § 901.
NM Stat § 40-6A-902 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 6A - Uniform Interstate Family Support|Article 9 - MISCELLANEOUS PROVISIONS|Section 40-6A-902 - Recompiled.

ANNOTATIONSRecompilations. — Laws 2005, ch. 166, § 47 recompiled former 40-6A-902 NMSA 1978 as 40-6A-100 NMSA 1978, effective June 17, 2005.
NM Stat § 40-6A-903 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 6A - Uniform Interstate Family Support|Article 9 - MISCELLANEOUS PROVISIONS|Section 40-6A-903 - Severability clause.

If any provision of the Uniform Interstate Family Support Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act which can be given effect without the invalid provision or application, and to this end the provisions of that act are severable. History: Laws 1994, ch. 107, § 903.
NM Stat § 40-10A-103 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 1 - GENERAL PROVISIONS|Section 40-10A-103 - Proceedings governed by other law.

The Uniform Child-Custody Jurisdiction and Enforcement Act does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. History: Laws 2001, ch. 114, § 103. ANNOTATIONSCross references. — For provisions pertaining to adoption, see Chapter 32A, Article 5 NMSA 1978.
NM Stat § 40-10A-104 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 1 - GENERAL PROVISIONS|Section 40-10A-104 - Application to Indian tribes.

(a) A child-custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., is not subject to the Uniform Child-Custody Jurisdiction and Enforcement Act to the extent that it is governed by the Indian Child Welfare Act. (b) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying Articles 1 and 2 of the Uniform Child-Custody Jurisdiction and Enforcement Act. (c) A child-custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of the Uniform Child-Custody Jurisdiction and Enforcement Act must be recognized and enforced under Article 3 of that act. History: Laws 2001, ch. 114, § 104. ANNOTATIONSThe Indian Child Welfare Act, 25 U.S.C. §1901 does not apply to give a tribal court exclusive jurisdiction over custody disputes in divorce proceedings. Cherino v. Cherino, 2008-NMCA-024, 143 N.M. 452, 176 P.3d 1184. Divorce proceedings. — The Indian Child Welfare Act, 25 U.S.C. §1901, does not apply in divorce proceedings when the custody of children remain with the biological parents. Cherino v. Cherino, 2008-NMCA-024, 143 N.M. 452, 176 P.3d 1184. Law reviews. — For article, "Full Faith and Credit, Comity, or Federal Mandate? A Path That Leads to Recognition and Enforcement of Tribal Court Orders, Tribal Protection Orders, and Tribal Child Custody Orders", see 34 N.M.L. Rev. 381 (2004).
NM Stat § 40-10A-105 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 1 - GENERAL PROVISIONS|Section 40-10A-105 - International application of the Uniform Child-Custody Jurisdiction and Enforcement Act.

(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying Articles 1 and 2 of the Uniform Child-Custody Jurisdiction and Enforcement Act. (b) Except as otherwise provided in subsection (c), a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of the Uniform Child-Custody Jurisdiction and Enforcement Act must be recognized and enforced under Article 3 of that act. (c) A court of this state need not apply the Uniform Child-Custody Jurisdiction and Enforcement Act if the child custody law of a foreign country violates fundamental principles of human rights. History: Laws 2001, ch. 114, § 105. ANNOTATIONS
NM Stat § 40-10A-106 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 1 - GENERAL PROVISIONS|Section 40-10A-106 - Effect of child-custody determination.

A child-custody determination made by a court of this state that had jurisdiction under the Uniform Child-Custody Jurisdiction and Enforcement Act binds all persons who have been served in accordance with the laws of this state or notified in accordance with Section 108 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified. History: Laws 2001, ch. 114, § 106. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Liability of legal or natural parent, or one who aids and abets, for damages resulting from abduction of own child, 49 A.L.R.4th 7. Child custody: when does state that issued previous custody determination have continuing jurisdiction under Uniform Child Custody Jurisdiction Act (UCCJA) or Parental Kidnapping Prevention Act (PKPA), 28 USCS § 1738A, 83 A.L.R.4th 742.
NM Stat § 40-10A-107 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 1 - GENERAL PROVISIONS|Section 40-10A-107 - Priority.

If a question of existence or exercise of jurisdiction under the Uniform Child-Custody Jurisdiction and Enforcement Act is raised in a child-custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously. History: Laws 2001, ch. 114, § 107. ANNOTATIONS
NM Stat § 40-10A-108 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 1 - GENERAL PROVISIONS|Section 40-10A-108 - Notice to persons outside state.

(a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective. (b) Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made. (c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court. History: Laws 2001, ch. 114, § 108. ANNOTATIONSNotice to interested parties. — Where jurisdiction is sought to be established under the Child Custody Jurisdiction Act (now see the Uniform Child-Custody Jurisdiction and Enforcement Act), a petitioner must obtain service upon the other parties entitled to such notice by affirmatively undertaking to give notice and obtain service upon other interested parties as contemplated by this section. In re Sabrina Mae D., 1992-NMCA-050, 114 N.M. 133, 835 P.2d 849, cert. denied, 113 N.M. 744, 832 P.2d 1223. Waiver of notice. — Mother's handwritten document authorizing grandparents to sign any necessary papers for medical reasons for the child was insufficient to constitute consent to relinquish complete custody of her child to grandparents; nor was such document sufficient to constitute a valid waiver of notice or consent by her to submit to jurisdiction under Subsection D of 40-10-6 NMSA 1978 (now see this section). In re Sabrina Mae D., 1992-NMCA-050, 114 N.M. 133, 835 P.2d 849, cert. denied, 113 N.M. 744, 832 P.2d 1223.
NM Stat § 40-10A-109 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 1 - GENERAL PROVISIONS|Section 40-10A-109 - Appearance and limited immunity.

(a) A party to a child-custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child-custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding. (b) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state. (c) The immunity granted by subsection (a) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under the Uniform Child-Custody Jurisdiction and Enforcement Act committed by an individual while present in this state. History: Laws 2001, ch. 114, § 109. ANNOTATIONS
NM Stat § 40-10A-110 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 1 - GENERAL PROVISIONS|Section 40-10A-110 - Communication between courts.

(a) A court of this state may communicate with a court in another state concerning a proceeding arising under the Uniform Child-Custody Jurisdiction and Enforcement Act. (b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made. (c) Communication between courts on schedules, calendars, court records and similar matters may occur without informing the parties. A record need not be made of the communication. (d) Except as otherwise provided in subsection (c), a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record. (e) For the purposes of this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. History: Laws 2001, ch. 114, § 110. ANNOTATIONS
NM Stat § 40-10A-111 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 1 - GENERAL PROVISIONS|Section 40-10A-111 - Taking testimony in another state.

(a) In addition to other procedures available to a party, a party to a child-custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken. (b) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony. (c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission. History: Laws 2001, ch. 114, § 111. ANNOTATIONS
NM Stat § 40-10A-112 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 1 - GENERAL PROVISIONS|Section 40-10A-112 - Cooperation between courts; preservation of records.

(a) A court of this state may request the appropriate court of another state to: (1) hold an evidentiary hearing; (2) order a person to produce or give evidence pursuant to procedures of that state; (3) order that an evaluation be made with respect to the custody of a child involved in a pending proceeding; (4) forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented and any evaluation prepared in compliance with the request; and (5) order a party to a child-custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child. (b) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (a). (c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) may be assessed against the parties according to the law of this state. (d) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations and other pertinent records with respect to a child-custody proceeding until the child attains eighteen years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records. History: Laws 2001, ch. 114, § 112. ANNOTATIONS"Upon request of the court of another state". — An order by a trial court requiring the human services department to perform a social study of the home of a resident of New Mexico at the request of an Illinois county's social services department, which was ordered by an Illinois state court to perform the home study, amounts to acting "(u)pon request of the court of another state" for Subsection A (now see Subsection (b) of this section). State ex rel. Human Servs. Dep't v. Martin, 1986-NMCA-041, 104 N.M. 279, 720 P.2d 314.
NM Stat § 40-10A-202 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10A - Child Custody|Article 2 - JURISDICTION|Section 40-10A-202 - Exclusive, continuing jurisdiction.

(a) Except as otherwise provided in Section 204, a court of this state which has made a child-custody determination consistent with Section 201 or 203 has exclusive, continuing jurisdiction over the determination until: (1) a court of this state determines that the child, or the child and one parent, or the child and a person acting as a parent do not have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training and personal relationships; or (2) a court of this state or a court of another state determines that the child, the child's parents and any person acting as a parent do not presently reside in this state. (b) A court of this state which has made a child-custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under Section 201. History: Laws 2001, ch. 114, § 202. ANNOTATIONSCourt had subject matter jurisdiction to enjoin publication of information. — Where, in a contentious divorce and child custody proceeding, the district court ordered plaintiff to stop filing complaints, motions or other devices pertaining to the child's guardian ad litem; plaintiff discussed the custody proceedings and published pleadings in the custody proceeding on the internet; and plaintiff claimed that the district court lacked jurisdiction to order plaintiff to remove the information from the internet because the entire family had moved to Canada and defendant had agreed that the district court no longer had jurisdiction over the custody case, the court's order was not related to child custody determinations and the court had general jurisdiction to issue an injunction regarding plaintiff's speech. Kimbrell v. Kimbrell, 2013-NMCA-070, 306 P.3d 495, rev'd, 2014-NMSC-027. Full faith and credit. — The Uniform Child-Custody Jurisdiction and Enforcement Act requires States to fulfill their full faith and credit requirements under Article IV, § 4 of the United States Constitution. State ex rel. Children, Youth and Families Dep't. v. Donna J., 2006-NMCA-023, 139 N.M. 131, 129 P.3d 167. Jurisdiction. — Texas court did not lose its exclusive, continuous jurisdiction after father died and mother and child moved from Texas to New Mexico. State ex rel. Children, Youth and Families Dep't. v. Donna J., 2006-NMCA-023, 139 N.M. 131, 129 P.3d 167. "Reside" defined. — Mother's involuntary relocation to the Texas penitentiary because of her incarceration for murder does meet the definition of reside in this section. State ex rel. Children, Youth and Families Dep't. v. Donna J., 2006-NMCA-023, 139 N.M. 131, 129 P.3d 167.