New Mexico § 32A-28-35 Return of custody

New Mexico Statutes

§ 32A-28-35 — Return of custody

New Mexico § 32A-28-35

Ch. 32AChildren's Code

Art. 28Indian Family Protection

This text of New Mexico § 32A-28-35 (Return of custody) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 32A-28-35 (2026).

Text

Whenever an Indian child has been adopted and the relationship between the adoptive parent and the Indian child has been severed for any reason, a biological parent, guardian or prior Indian custodian may petition for return of custody, and there shall be a presumption that the Indian child shall be returned to the biological parent, guardian or prior Indian custodian, unless the return of custody is not in the best interests of the Indian child. The provisions of this section shall not be deemed to conflict with other provisions pertaining to return of custody in the Indian Family Protection Act.

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Whenever an Indian child has been adopted and the relationship between the adoptive parent and the Indian child has been severed for any reason, a biological parent, guardian or prior Indian custodian may petition for return of custody, and there shall be a presumption that the Indian child shall be returned to the biological parent, guardian or prior Indian custodian, unless the return of custody is not in the best interests of the Indian child. The provisions of this section shall not be deemed to conflict with other provisions pertaining to return of custody in the Indian Family Protection Act.