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Home » US Law » 2021 New Mexico Statutes » Chapter 40 - Domestic Affairs » Article 10D - Deployed Parents Custody and Visitation

Section 40-10D-1 – Short title.

This act [40-10D-1 to 40-10D-9 NMSA 1978] may be cited as the “Deployed Parents Custody and Visitation Act”. History: Laws 2014, ch. 4, § 1. ANNOTATIONS Effective dates. — Laws 2014, ch. 4, § 10 made Laws 2014, ch. 4, §§ 1 through 9, the Deployed Parents Custody and Visitation Act, effective July 1, 2014.

Section 40-10D-2 – Definitions.

As used in the Deployed Parents Custody and Visitation Act: A. “adult” means an individual who has attained eighteen years of age or is an emancipated minor; B. “caretaking authority” means the right to live with and care for a child on a day-to-day basis. “Caretaking authority” includes physical custody, parenting time, right to access […]

Section 40-10D-3 – Residence unchanged by deployment.

A. If a court has issued a temporary order regarding custodial responsibility pursuant to the Deployed Parents Custody and Visitation Act, the residence of the deploying parent is not considered to be changed by reason of the deployment for the purposes of the Uniform Child-Custody Jurisdiction and Enforcement Act [40-10A-101 to 40-10A-403 NMSA 1978] during […]

Section 40-10D-4 – Notification required of deploying parent.

A. Except as otherwise provided in Subsection D of this section and subject to Subsection C of this section, a deploying parent shall notify in a record the other parent of a pending deployment not later than seven days after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service. […]

Section 40-10D-5 – Duty to notify of change of address.

A. Except as otherwise provided in Subsection B of this section, an individual to whom custodial responsibility has been granted during deployment pursuant to the Deployed Parents Custody and Visitation Act shall notify the deploying parent and any other individual with custodial responsibility of a child of any change of the individual’s mailing address or […]

Section 40-10D-8 – Nature of authority created by agreement.

A. An agreement under the Deployed Parents Custody and Visitation Act is temporary and terminates pursuant to that act after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order. The agreement does not create an independent, continuing right to caretaking authority, decision-making authority or limited contact […]

Section 40-10D-9 – Expedited hearing.

If a motion to grant custodial responsibility is filed pursuant to the Deployed Parents Custody and Visitation Act before a deploying parent deploys, the court shall conduct an expedited hearing. History: Laws 2014, ch. 4, § 9. ANNOTATIONS Effective dates. — Laws 2014, ch. 4, § 10 made Laws 2014, ch. 4, §§ 1 through […]