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Section 40-10A-101 – Short title.

This act [40-10A-101 to 40-10A-403 NMSA 1978] may be cited as the “Uniform Child-Custody Jurisdiction and Enforcement Act”. History: Laws 2001, ch. 114, § 101. ANNOTATIONS Discretion of trial court. — The trial court is vested with great discretion in awarding the custody and visitation of young children, and an appellate court cannot reverse such […]

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. ANNOTATIONS Cross references. — For provisions pertaining to adoption, see Chapter 32A, Article 5 NMSA 1978.

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 […]

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 […]

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

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 […]

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 […]

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 […]

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 […]

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; […]