reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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 [health care authority 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.
2023 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.
ANNOTATIONS
Court 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.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 2 - JURISDICTION › Section 40-10A-203 - Jurisdiction to modify determination.

Except as otherwise provided in Section 204, a court of this state may not modify a child-custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under Section 201(a)(1) or (2) and:
(1) the court of the other state determines it no longer has exclusive, continuing jurisdiction under Section 202 or that a court of this state would be a more convenient forum under Section 207; or
(2) a court of this state or a court of the other state determines that the child, the child's parents and any person acting as a parent do not presently reside in the other state.
History:
Laws 2001, ch. 114, § 203.
ANNOTATIONS
Limitation on court authority.
— Under both 28 U.S.C. § 1738A(f) of the federal Parental Kidnapping Prevention Act and 40-10-15A NMSA 1978 (now see this section), the children's court lacks the authority to modify another state's custody decree unless the other court no longer has jurisdiction or has declined to exercise jurisdiction to modify its custody decree.
State ex rel. Dep't of Human Servs. v. Avinger
, 1985-NMCA-097, 104 N.M. 355, 721 P.2d 781,
aff'd
, 1986-NMSC-032, 104 N.M. 255, 720 P.2d 290.
Section 40-10-15A NMSA 1978 (now see 32A-1-108 NMSA 1978) limits the court's exercise of jurisdiction in a "neglected child" proceeding brought under 32-1-9(A) NMSA 1978 (now 32A-1-8 NMSA 1978) where that proceeding could result in the modification of another state's custody decree where the other state has not given up jurisdiction.
State ex rel. Dep't of Human Servs. v. Avinger
, 1986-NMSC-032, 104 N.M. 255, 720 P.2d 290.
Federal Parental Kidnapping Prevention Act 28 U.S.C. § 1738A has supremacy over state law.
Serna v. Salazar
, 1982-NMSC-117, 98 N.M. 648, 651 P.2d 1292.
Compliance with jurisdictional prerequisites.
— The New Mexico statute requires compliance with only one of four prerequisites in 40-10-4 NMSA 1978 (now see 40-10A-203 NMSA 1978) to satisfy the jurisdictional requirement.
Olsen v. Olsen
, 1982-NMSC-112, 98 N.M. 644, 651 P.2d 1288;
Serna v. Salazar
, 1982-NMSC-117, 98 N.M. 648, 651 P.2d 1292.
Law reviews.
— For note, "Domestic Relations - An Interpretation of the Parental Kidnapping Prevention Act and the New Mexico Child Custody Jurisdiction Act; State ex rel. Dept. of Human Servs. v. Avinger," see 17 N.M.L. Rev. 409 (1987).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Right to attorneys' fees in proceeding, after absolute divorce, for modification of child custody or support order, 57 A.L.R.4th 710.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 2 - JURISDICTION › Section 40-10A-204 - Temporary emergency jurisdiction.

(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
(b) If there is no previous child-custody determination that is entitled to be enforced under the Uniform Child-Custody Jurisdiction and Enforcement Act and a child-custody proceeding has not been commenced in a court of a state having jurisdiction under Sections 201 through 203, a child-custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under Sections 201 through 203. If a child-custody proceeding has not been or is not commenced in a court of a state having jurisdiction under Sections 201 through 203, a child-custody determination made under this section becomes a final determination, if it so provides, and this state becomes the home state of the child.
(c) If there is a previous child-custody determination that is entitled to be enforced under the Uniform Child-Custody Jurisdiction and Enforcement Act, or a child-custody proceeding has been commenced in a court of a state having jurisdiction under Sections 201 through 203, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under Sections 201 through 203. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.
(d) A court of this state which has been asked to make a child-custody determination under this section, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of a state having jurisdiction under Sections 201 through 203, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to Sections 201 through 203, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of another state under a statute similar to this section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child and determine a period for the duration of the temporary order.
History:
Laws 2001, ch. 114, § 204.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Appealability of interlocutory or pendente lite order for temporary child custody, 82 A.L.R.5th 389.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 2 - JURISDICTION › Section 40-10A-209 - Information to be submitted to court.

(a) Subject to local law providing for the confidentiality of procedures, addresses and other identifying information in a child-custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five years and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:
(1) has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number and the date of the child-custody determination, if any;
(2) knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions and, if so, identify the court, the case number and the nature of the proceeding; and
(3) knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.
(b) If the information required by subsection (a) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
(c) If the declaration as to any of the items described in subsection (a)(1) through (3) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.
(d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
(e) If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety or liberty of the party or child and determines that the disclosure is in the interest of justice.
History:
Laws 2001, ch. 114, § 209.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 2 - JURISDICTION › Section 40-10A-210 - Appearance of parties and child.

(a) In a child-custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.
(b) If a party to a child-custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to Section 108 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.
(c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.
(d) If a party to a child-custody proceeding who is outside this state is directed to appear under subsection (b) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
History:
Laws 2001, ch. 114, § 210.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Necessity of requiring presence in court of both parties in proceedings relating to custody or visitation of children, 15 A.L.R.4th 864.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 3 - ENFORCEMENT › Section 40-10A-301 - Definitions.

As used in Article 3 of the Uniform Child-Custody Jurisdiction and Enforcement Act:
(1) "petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child-custody determination; and
(2) "respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child-custody determination.
History:
Laws 2001, ch. 114, § 301.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 3 - ENFORCEMENT › Section 40-10A-302 - Enforcement under Hague Convention.

Under Article 3 of the Uniform Child-Custody Jurisdiction and Enforcement Act, a court of this state may enforce an order for the return of a child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child-custody determination.
History:
Laws 2001, ch. 114, § 302.
ANNOTATIONS
Cross references.
— For the Hague Convention on the Civil Aspects of International Child Abduction,
see
the International Agreements Volume of the United States Code Service and 42 U.S.C. § 11601 et seq.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 3 - ENFORCEMENT › Section 40-10A-303 - Duty to enforce.

(a) A court of this state shall recognize and enforce a child-custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with the Uniform Child-Custody Jurisdiction and Enforcement Act or if the determination was made under factual circumstances meeting the jurisdictional standards of that act and the determination has not been modified in accordance with that act.
(b) A court of this state may utilize any remedy available under other law of this state to enforce a child-custody determination made by a court of another state. The remedies provided in Article 3 of the Uniform Child-Custody Jurisdiction and Enforcement Act are cumulative and do not affect the availability of other remedies to enforce a child-custody determination.
(c) A court of this state may enforce a custody determination made pursuant to Sections 201 and 203 until it is modified by a court having jurisdiction pursuant to Sections 201 and 203.
History:
Laws 2001, ch. 114, § 303.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 3 - ENFORCEMENT › Section 40-10A-304 - Temporary visitation.

(a) A court of this state which does not have jurisdiction to modify a child-custody determination may issue a temporary order enforcing:
(1) a visitation schedule made by a court of another state; or
(2) the visitation provisions of a child-custody determination of another state that does not provide for a specific visitation schedule.
(b) If a court of this state makes an order under subsection (a)(2), it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in Article 2 of the Uniform Child-Custody Jurisdiction and Enforcement Act. The order remains in effect until an order is obtained from the other court or the period expires.
History:
Laws 2001, ch. 114, § 304.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 3 - ENFORCEMENT › Section 40-10A-306 - Enforcement of registered determination.

(a) A court of this state may grant any relief normally available under the law of this state to enforce a registered child-custody determination made by a court of another state.
(b) A court of this state shall recognize and enforce, but may not modify, except in accordance with Article 2 of the Uniform Child-Custody Jurisdiction and Enforcement Act, a registered child-custody determination of a court of another state.
History:
Laws 2001, ch. 114, § 306.
ANNOTATIONS
Law reviews.
— For note, "Domestic Relations - An Interpretation of the Parental Kidnapping Prevention Act and the New Mexico Child Custody Jurisdiction Act (now see the Uniform Child-Custody Jurisdiction and Enforcement Act); State ex rel. Dept. of Human Servs. v. Avinger," see 17 N.M.L. Rev. 409 (1987).
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 3 - ENFORCEMENT › Section 40-10A-307 - Simultaneous proceedings.

If a proceeding for enforcement under Article 3 of the Uniform Child-Custody Jurisdiction and Enforcement Act is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under Article 2 of the Uniform Child-Custody Jurisdiction and Enforcement Act, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
History:
Laws 2001, ch. 114, § 307.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 3 - ENFORCEMENT › Section 40-10A-309 - Service of petition and order.

Except as otherwise provided in Section 311, the petition and order must be served, by any method authorized by the law of this state, upon the respondent and any person who has physical custody of the child.
History:
Laws 2001, ch. 114, § 309.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 3 - ENFORCEMENT › Section 40-10A-310 - Hearing and order.

(a) Unless the court issues a temporary emergency order pursuant to Section 204, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:
(1) the child-custody determination has not been registered and confirmed under Section 305 and that:
(A) the issuing court did not have jurisdiction under Article 2 of the Uniform Child-Custody Jurisdiction and Enforcement Act;
(B) the child-custody determination for which enforcement is sought has been vacated, stayed or modified by a court of a state having jurisdiction to do so under Article 2 of the Uniform Child-Custody Jurisdiction and Enforcement Act; or
(C) the respondent was entitled to notice, but notice was not given in accordance with the standards of Section 108 in the proceedings before the court that issued the order for which enforcement is sought; or
(2) the child-custody determination for which enforcement is sought was registered and confirmed under Section 305 but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under Article 2 of the Uniform Child-Custody Jurisdiction and Enforcement Act.
(b) The court shall award the fees, costs and expenses authorized under Section 312 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.
(c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
(d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under Article 3 of the Uniform Child-Custody Jurisdiction and Enforcement Act.
History:
Laws 2001, ch. 114, § 310.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 3 - ENFORCEMENT › Section 40-10A-311 - Warrant to take physical custody of child.

(a) Upon the filing of a petition seeking enforcement of a child-custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this state.
(b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by Section 308(b).
(c) A warrant to take physical custody of a child must:
(1) recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;
(2) direct law enforcement officers to take physical custody of the child immediately; and
(3) provide for the placement of the child pending final relief.
(d) The respondent must be served with the petition, warrant and order immediately after the child is taken into physical custody.
(e) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.
(f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.
History:
Laws 2001, ch. 114, § 311.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 3 - ENFORCEMENT › Section 40-10A-312 - Costs, fees and expenses.

(a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses and child care expenses during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.
(b) The court may not assess fees, costs or expenses against a state unless authorized by law other than the Uniform Child-Custody Jurisdiction and Enforcement Act.
History:
Laws 2001, ch. 114, § 312.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 3 - ENFORCEMENT › Section 40-10A-313 - Recognition and enforcement.

A court of this state shall accord full faith and credit to an order issued by another state and consistent with the Uniform Child-Custody Jurisdiction and Enforcement Act which enforces a child-custody determination by a court of another state, unless the order has been vacated, stayed or modified by a court having jurisdiction to do so under Article 2 of that act.
History:
Laws 2001, ch. 114, § 313.
ANNOTATIONS
Law reviews.
— For Annual Survey of New Mexico Family Law, see 17 N.M.L. Rev. 291 (1987).
For note, "Domestic Relations - An Interpretation of the Parental Kidnapping Prevention Act and the New Mexico Child Custody Jurisdiction Act; State ex rel. Dept. of Human Servs. v. Avinger," see 17 N.M.L. Rev. 409 (1987).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Recognition and enforcement of out-of-state custody decree under § 13 of the Uniform Child Custody Jurisdiction Act (UCCJA) or the Parental Kidnapping Prevention Act (PKPA), 28 USCS § 1738A(a), 40 A.L.R.5th 227.
Abandonment jurisdiction of court under §§ 3(a)(3)(i) and 14(a) of Uniform Child Custody Jurisdiction Act and Parental Kidnapping Prevention Act, 28 U.S.C.A. §§ 1738A(c)(2)(C)(i) and 1738A(f), notwithstanding existence of prior valid custody decree rendered by second state, 78 A.L.R.5th 465.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 3 - ENFORCEMENT › Section 40-10A-314 - Appeals.

An appeal may be taken from a final order in a proceeding under Article 3 of the Uniform Child-Custody Jurisdiction and Enforcement Act in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under Section 204, the enforcing court may not stay an order enforcing a child-custody determination pending appeal.
History:
Laws 2001, ch. 114, § 314.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 3 - ENFORCEMENT › Section 40-10A-315 - Role of prosecutor or public official.

(a) In a case arising under the Uniform Child-Custody Jurisdiction and Enforcement Act or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resort to a proceeding under Article 3 of the Uniform Child-Custody Jurisdiction and Enforcement Act or any other available civil proceeding, to locate a child, obtain the return of a child or enforce a child-custody determination if there is:
(1) an existing child-custody determination;
(2) a request to do so from a court in a pending child-custody proceeding;
(3) a reasonable belief that a criminal statute has been violated; or
(4) a reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.
(b) A prosecutor or appropriate public official acting under this section acts on behalf of the court and may not represent any party.
History:
Laws 2001, ch. 114, § 315.
ANNOTATIONS
Cross references.
— For the Hague Convention,
see
40-10A-302 NMSA 1978 and notes thereto.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 3 - ENFORCEMENT › Section 40-10A-316 - Role of law enforcement.

At the request of a prosecutor or other appropriate public official acting under Section 315, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor or appropriate public official with responsibilities under Section 315.
History:
Laws 2001, ch. 114, § 316.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 3 - ENFORCEMENT › Section 40-10A-317 - Costs and expenses.

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or other appropriate public official and law enforcement officers under Section 315 or 316.
History:
Laws 2001, ch. 114, § 317.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 4 - MISCELLANEOUS PROVISIONS › Section 40-10A-401 - Application and construction.

In applying and construing the Uniform Child-Custody Jurisdiction and Enforcement Act [40-10A-101 to 40-10A-403 NMSA 1978], consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
Laws 2001, ch. 114, § 401.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 4 - MISCELLANEOUS PROVISIONS › Section 40-10A-402 - Severability clause.

If any provision of the Uniform Child-Custody Jurisdiction and Enforcement 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 the act are severable.
History:
Laws 2001, ch. 114, § 402.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 4 - MISCELLANEOUS PROVISIONS › Section 40-10A-403 - Transitional provision.

A motion or other request for relief made in a child-custody proceeding or to enforce a child-custody determination which was commenced before the effective date of the Uniform Child-Custody Jurisdiction and Enforcement Act is governed by the law in effect at the time the motion or other request was made.
History:
Laws 2001, ch. 114, § 403.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10B - Kinship Guardianship › Section 40-10B-1 - Short title.

Chapter 40, Article 10B NMSA 1978 may be cited as the "Kinship Guardianship Act".
History:
Laws 2001, ch. 167, § 1; 2020, ch. 51, § 1.
ANNOTATIONS
Cross references.
— For forms approved for use in Kinship Guardianship proceedings,
see
Civil Forms 4A-501 to 4A-513 NMRA.
Compiler's notes.
— The Kinship Guardianship Act, codified as 40-10B-1 to 40-10B-15 NMSA 1978, was originally drafted and enacted to be Chapter 45, Article 5 NMSA 1978, but it was recompiled to Chapter 40 NMSA 1978, as the latter seems a more appropriate placement.
The 2020 amendment,
effective May 20, 2020, changed "This act" to "Chapter 40, Article 10B NMSA 1978".
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10B - Kinship Guardianship › Section 40-10B-2 - Repealed.

History:
Laws 2001, ch. 167, § 2; repealed by Laws 2020, ch. 51, § 10.
ANNOTATIONS
Repeals.
— Laws 2020, ch. 51, § 10 repealed 40-10B-2 NMSA 1978, as enacted by Laws 2001, ch. 167, § 2, relating to policy, purpose, effective May 20, 2020. For provisions of former section,
see
the 2019 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10B - Kinship Guardianship › Section 40-10B-4 - Jurisdiction and venue.

A. The district court has jurisdiction of proceedings pursuant to the Kinship Guardianship Act.
B. Proceedings pursuant to the Kinship Guardianship Act shall be in the district court of the county of the child's legal residence or the county where the child resides, if different from the county of legal residence.
History:
Laws 2001, ch. 167, § 4.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10B - Kinship Guardianship › Section 40-10B-7 - Temporary guardianship pending hearing.

A. After the filing of the petition, upon motion of the petitioner or a person required to be served pursuant to Subsection B of Section 40-10B-6 NMSA 1978, or upon its own motion, the court may appoint a temporary guardian to serve for not more than one hundred eighty days or until the case is decided on the merits, whichever occurs first.
B. A motion for temporary guardianship shall be heard within twenty days of the date the motion is filed. The motion and notice of hearing shall be served on all persons required to be served pursuant to Subsection B of Section 40-10B-6 NMSA 1978.
C. An order pursuant to Subsection A of this section may be entered ex parte upon good cause shown. If the order is entered ex parte, a copy of the order shall be served on the persons required to be served pursuant to Subsection B of Section 40-10B-6 NMSA 1978. If a person files an objection to the order, the court immediately shall schedule a hearing to be held within ten days of the date the objection is filed. Notice of the hearing shall be given to the petitioner and all persons required to be served pursuant to Subsection B of Section 40-10B-6 NMSA 1978.
History:
Laws 2001, ch. 167, § 7; 2023, ch. 90, § 25.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, substituted "40-10B-6 NMSA 1978" for "6 of the Kinship Guardianship Act" throughout the section.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10B - Kinship Guardianship › Section 40-10B-9 - Guardian ad litem; appointment.

A. In a proceeding to appoint a guardian pursuant to the Kinship Guardianship Act, the court may appoint a guardian ad litem for the child upon the motion of a party or solely in the court's discretion. The court shall appoint a guardian ad litem if a parent of the child is participating in the proceeding and objects to the appointment requested.
B. In a proceeding in which a parent of the child has petitioned for the revocation of a guardianship established pursuant to the Kinship Guardianship Act and the guardian objects to the revocation, the court shall appoint a guardian ad litem.
C. The court may order all or some of the parties to a proceeding to pay a reasonable fee of a guardian ad litem. If all of the parties are indigent, the court may award a reasonable fee to the guardian ad litem to be paid out of funds of the court.
History:
Laws 2001, ch. 167, § 9.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10B - Kinship Guardianship › Section 40-10B-10 - Guardian ad litem; powers and duties.

A guardian ad litem appointed by the court in a proceeding pursuant to the Kinship Guardianship Act shall:
A. in connection with a petition for guardianship, make a diligent investigation of the circumstances surrounding the petition, including visiting the child in the home, interviewing the person proposed as guardian and interviewing the parents of the child if available;
B. in connection with a petition or motion for revocation of a guardianship, recommend an appropriate transition plan in the event the guardianship is revoked; and
C. at a hearing held in connection with proceedings described in Subsection A or B of this section, report to the court concerning the best interests of the child and the child's position on the requested relief.
History:
Laws 2001, ch. 167, § 10.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10B - Kinship Guardianship › Section 40-10B-11 - Nomination objection by child.

In a proceeding for appointment of a guardian pursuant to the Kinship Guardianship Act:
A. the court shall appoint a person nominated by a child who has reached the age of fourteen unless the court finds the nomination contrary to the best interests of the child; and
B. the court shall not appoint a person as guardian if a child who has reached the age of fourteen files a written objection in the proceeding before the person accepts appointment as guardian unless the court makes a specific finding that it is in the best interest of the child.
History:
Laws 2001, ch. 167, § 11; 2023, ch. 90, § 27.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, authorized the court to appoint a person as guardian even if a child who has reached the age of fourteen files a written objection, provided the court makes a specific finding that it is in the best interest of the child; and in Subsection B, after "appointment as guardian", added "unless the court makes a specific finding that it is in the best interest of the child".
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10B - Kinship Guardianship › Section 40-10B-12 - Revocation of guardianship.

A. Any person, including a child who has reached the age of fourteen, may move for revocation of a guardianship created pursuant to the Kinship Guardianship Act. The person requesting revocation shall attach to the motion a transition plan proposed to facilitate the reintegration of the child into the home of a parent or a new guardian. A transition plan shall take into consideration the child's age, development and any bond with the guardian.
B. If the court finds that a preponderance of the evidence proves a change in circumstances and the revocation is in the best interests of the child, it shall grant the motion and:
(1) adopt a transition plan proposed by a party or the guardian ad litem;
(2) propose and adopt its own transition plan; or
(3) order the parties to develop a transition plan by consensus if they will agree to do so.
History:
Laws 2001, ch. 167, § 12; 2023, ch. 90, § 28.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, in Subsection A, after "reached", deleted "his fourteenth birthday" and added "the age of fourteen".
Right of third party to file motion to revoke guardianship.
— Where the petitioner, who was the child's aunt by marriage, filed a petition for custody of the child; the child lived with the child's grandmother; the child's mother consented to a kinship guardianship of the child to the grandmother; the court dismissed the petition on the basis of standing; during proceedings on petitioner's motion for reconsideration, petitioner expressed an intention to file a motion under 40-10B-12 NMSA 1978 of the Kinship Guardianship Act; and the court disallowed petitioner from filing the motion and warned petitioner that the court would consider the motion contemptuous of the court's prior order of dismissal, the court's prohibition was erroneous, because 40-10B-12 NMSA 1978 permits any person to file a motion to revoke a kinship guardianship.
Vescio v. Wolf
, 2009-NMCA-129, 147 N.M. 374, 223 P.3d 371.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10B - Kinship Guardianship › Section 40-10B-14 - Continuing jurisdiction of the court.

The court appointing a guardian pursuant to the Kinship Guardianship Act retains continuing jurisdiction of the matter.
History:
Laws 2001, ch. 167, § 14.
ANNOTATIONS
Courts appointing guardians have concurrent jurisdiction with Children's Courts.
— Family courts which appoint kinship guardianships have continuing concurrent jurisdiction with children's courts presiding over abuse and neglect proceedings, and therefore petitions to revoke the rights of a kinship guardian may be filed within abuse and neglect proceedings.
State ex rel. Children, Youth & Families Dep't v. Djamila B.
, 2015-NMSC-003.
Where the children's court judge interpreted continuing jurisdiction to mean exclusive jurisdiction, the children's court judge erred in ruling that the court lacked jurisdiction to revoke the kinship guardianship pursuant to this Act.
State ex rel. Children, Youth & Families Dep't v. Djamila B.
, 2015-NMSC-003.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10B - Kinship Guardianship › Section 40-10B-16 - Repealed.

History:
1978 Comp., § 40-10B-16, as enacted by Laws 2020, ch. 51, § 4; repealed by Laws 2023, ch. 90, § 29.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 90, § 29 repealed 40-10B-16 NMSA 1978, as enacted by Laws 2020, ch. 51, § 4, relating to financial subsidies, eligibility, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10B - Kinship Guardianship › Section 40-10B-17 - Repealed.

History:
1978 Comp., § 40-10B-17, as enacted by Laws 2020, ch. 51, § 5; repealed by Laws 2023, ch. 90, § 29.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 90, § 29 repealed 40-10B-17 NMSA 1978, as enacted by Laws 2020, ch. 51, § 5, relating to financial subsidies, nonrecurring expenses, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10B - Kinship Guardianship › Section 40-10B-18 - Repealed.

History:
1978 Comp., § 40-10B-18, as enacted by Laws 2020, ch. 51, § 6; repealed by Laws 2023, ch. 90, § 29.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 90, § 29 repealed 40-10B-18 NMSA 1978, as enacted by Laws 2020, ch. 51, § 6, relating to guardianship assistance agreements, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10B - Kinship Guardianship › Section 40-10B-19 - Repealed.

History:
1978 Comp., § 40-10B-19, as enacted by Laws 2020, ch. 51, § 7; repealed by Laws 2023, ch. 90, § 29.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 90, § 29 repealed 40-10B-19 NMSA 1978, as enacted by Laws 2020, ch. 51, § 7, relating to successor guardians, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10B - Kinship Guardianship › Section 40-10B-20 - Repealed.

History:
1978 Comp., § 40-10B-20, as enacted by Laws 2020, ch. 51, § 8; repealed by Laws 2023, ch. 90, § 29.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 90, § 29 repealed 40-10B-20 NMSA 1978, as enacted by Laws 2020, ch. 51, § 8, relating to discontinuance of guardianship assistance payments, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10B - Kinship Guardianship › Section 40-10B-21 - Repealed.

History:
1978 Comp., § 40-10B-21, as enacted by Laws 2020, ch. 51, § 9; repealed by Laws 2023, ch. 90, § 29.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 90, § 29 repealed 40-10B-21 NMSA 1978, as enacted by Laws 2020, ch. 51, § 9, relating to appeal of decisions, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10C - Uniform Child Abduction Prevention › Section 40-10C-1 - Short title.

This act [40-10C-1 to 40-10C-12 NMSA 1978] may be cited as the "Uniform Child Abduction Prevention Act".
History:
Laws 2013, ch. 156, § 1.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 156, § 13 made the Uniform Child Abduction Prevention Act effective January 1, 2014.