New Mexico § 40-10A-201 Initial child-custody jurisdiction

New Mexico Statutes

§ 40-10A-201 — Initial child-custody jurisdiction

New Mexico § 40-10A-201

Ch. 40Domestic Affairs

Art. 2JURISDICTION

This text of New Mexico § 40-10A-201 (Initial child-custody jurisdiction) 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. § 40-10A-201 (2026).

Text

(a)Except as otherwise provided in Section 204, a court of this state has jurisdiction to make an initial child-custody determination only if:

(1)this state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;

(2)a court of another state does not have jurisdiction under paragraph (1) or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under Section 207 or 208] and:

(A)the child and the child's parents, or the child and at least one parent or a person acting as a pa

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(a) Except as otherwise provided in Section 204, a court of this state has jurisdiction to make an initial child-custody determination only if: (1) this state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state; (2) a court of another state does not have jurisdiction under paragraph (1) or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under Section 207 or 208] and: (A) the child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and (B) substantial evidence is available in this state concerning the child's care, protection, training and personal relationships; (3) all courts having jurisdiction under paragraph (1) or (2) have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under Section 207 or 208; or (4) no court of any other state would have jurisdiction under the criteria specified in paragraph (1), (2) or (3). (b) Subsection (a) is the exclusive jurisdictional basis for making a child-custody determination by a court of this state. (c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination.