(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.
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.
Structure 2021 New Mexico Statutes
Section 40-10A-201 - Initial child-custody jurisdiction.
Section 40-10A-202 - Exclusive, continuing jurisdiction.
Section 40-10A-203 - Jurisdiction to modify determination.
Section 40-10A-204 - Temporary emergency jurisdiction.
Section 40-10A-205 - Notice; opportunity to be heard; joinder.
Section 40-10A-206 - Simultaneous proceedings.
Section 40-10A-207 - Inconvenient forum.
Section 40-10A-208 - Jurisdiction declined by reason of conduct.