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.
ANNOTATIONSDiscretion 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 a decision unless the court's conclusion about the best interests of the child is a manifest abuse of discretion under the evidence in the case. Olsen v. Olsen, 1982-NMSC-112, 98 N.M. 644, 651 P.2d 1288.
Best interest of the child is the principal consideration on determining a child's custody, as well as in effecting a change in custody. Olsen v. Olsen, 1982-NMSC-112, 98 N.M. 644, 651 P.2d 1288.
Must show change in circumstances for change in custody or visitation. — A change in custody is permissible only upon a showing of a change of circumstances. This standard is equally applicable where visitation rights are involved. Olsen v. Olsen, 1982-NMSC-112, 98 N.M. 644, 651 P.2d 1288.
When decree to set out visitation times, places, and circumstances. — If there is any possibility of visitation problems, the visitation rights in a decree should spell out the times, places and circumstances of visitation. Olsen v. Olsen, 1982-NMSC-112, 98 N.M. 644, 651 P.2d 1288.
Court of original jurisdiction ordinarily retains continuing jurisdiction to modify a custody decree. Trask v. Trask, 1986-NMCA-098, 104 N.M. 780, 727 P.2d 88.
Limitation on court's authority to modify another state's decree. — Under both the Child Custody Jurisdiction Act in 40-10-15A(1) NMSA 1978 (now see Uniform Child Custody Jurisdiction and Enforcement Act, 40-10A-206 NMSA 1978) and the federal Parental Kidnapping Prevention Act, 28 U.S.C. § 1738A, there is a limitation upon the children's court's authority to modify another state's decree. State ex rel. Dep't of Human Servs. v. Avinger, 1985-NMCA-097, 104 N.M. 355, 721 P.2d 781, aff'd, 1986-NMSC-032, 104 N.M. 255, 720 P.2d 290.
Preemption by federal Parental Kidnapping Prevention Act. — The long line of New Mexico cases which permits a New Mexico court to modify an out-of-state issued child custody decree based solely on the physical presence of the child and a substantial change of circumstances is preempted by the federal Parental Kidnapping Prevention Act (28 U.S.C. § 1738A). State ex rel. Valles v. Brown, 1981-NMSC-136, 97 N.M. 327, 639 P.2d 1181.
Attorney fees. — The Uniform Child-Custody Jurisdiction and Enforcement Act does not suggest legislative intent to require attorney fees be paid to the prevailing party in a child custody dispute. Bursum v. Bursum, 2004-NMCA-133, 136 N.M. 584, 102 P.3d 651, cert. denied, 2005-NMCERT-003, 137 N.M. 290, 110 P.3d 506.
Law reviews. — For annual survey of New Mexico law relating to civil procedure, see 12 N.M.L. Rev. 97 (1982).
For annual survey of New Mexico law relating to domestic relations, see 12 N.M.L. Rev. 325 (1982).
For annual survey of New Mexico law relating to domestic relations, see 13 N.M.L. Rev. 379 (1983).
For note, "Domestic Relations - An Interpretation of the Parental Kidnapping Prevention Act of 1980: State ex rel. Valles v. Brown," see 13 N.M.L. Rev. 527 (1983).
For article, "Survey of New Mexico Law, 1982-83: Domestic Relations," see 14 N.M.L. Rev. 135 (1984).
For note, "Domestic Relations - An Interpretation of the Parental Kidnapping Prevention Act and the New Mexico Child Custody Jurisdiction Act; State ex rel. Dept. of Human Servs. v. Avinger," see 17 N.M.L. Rev. 409 (1987).
For annual survey of civil procedure in New Mexico, see 18 N.M.L. Rev. 287 (1988).
For annual survey of domestic relations law in New Mexico, see 18 N.M.L. Rev. 371 (1988).
For annual survey of New Mexico family law, 19 N.M.L. Rev. 692 (1990).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Attorneys' fees awards in parent-nonparent child custody case, 45 A.L.R.4th 212.
Parent's transsexuality as factor in award of custody of children, visitation rights, or termination of parental rights, 59 A.L.R.4th 1170.
State court's authority, in marital or child custody proceeding, to allocate federal income tax dependency exemption for child to noncustodial parent under § 152(e) of the Internal Revenue Code (26 USCS § 152(e)), 77 A.L.R.4th 786.
What types of proceedings or determinations are governed by the Uniform Child Custody Jurisdiction Act (UCCJA) or the Parental Kidnapping Prevention Act (PKPA), 78 A.L.R.4th 1028.
Applicability of Uniform Child Custody Jurisdiction Act (UCCJA) to temporary custody orders, 81 A.L.R.4th 1101.
Child custody: when does state that issued previous custody determination have continuing jurisdiction under Uniform Child Custody Jurisdiction Act (UCCJA) or Parental Kidnapping Prevention Act (PKPA), 28 USCS § 1738A, 83 A.L.R.4th 742.
Child custody and visitation rights of person infected with AIDS, 86 A.L.R.4th 211.
Denial or restriction of visitation rights to parent charged with sexually abusing child, 1 A.L.R.5th 776.
Home state jurisdiction of court under § 3(a)(1) of the Uniform Child Custody Jurisdiction Act (UCCJA) or the Parental Kidnapping Prevention Act (PKPA), 28 USCS § 1738A(c)(2)(A), 6 A.L.R.5th 1.
Default jurisdiction of court under § 3(a)(4) of the Uniform Child Custody Jurisdiction Act (UCCJA) or the Parental Kidnapping Prevention Act (PKPA), 28 USCS § 1738A(c)(2)(D), 6 A.L.R.5th 69.
Parties' misconduct as ground for declining jurisdiction under § 8 of the Uniform Child Custody Jurisdiction Act (UCCJA), 16 A.L.R.5th 650.
Significant connection jurisdiction of court to modify foreign child custody decree under §§ 3(a)(2) and 14(b) of the Uniform Child Custody Jurisdiction Act (UCCJA) and the Parental Kidnapping Prevention Act (PKPA), 28 U.S.C.A. §§ 1738A(c)(2)(b) and 1738A(f)(1), 67 A.L.R.5th 1.
Home state jurisdiction of court to modify foreign child custody decree under §§ 3(a)(1) and 14(a)(2) of Uniform Child Custody Jurisdiction Act (UCCJA) and Parental Kidnapping Prevention Act (PKPA), 28 U.S.C.A. §§ 1738A(c)(2)(A) and 1738A(f)(1), 72 A.L.R.5th 249.
Declining jurisdiction to modify prior child custody decree under § 14(a)(1) of Uniform Child Custody Jurisdiction Act (UCCJA) and Parental Kidnapping Prevention Act (PKPA), 28 U.S.C.A. § 1738A(f)(2), 73 A.L.R.5th 185.
Abandonment jurisdiction of court under §§ 3(a)(3)(i) and 14(a) of Uniform Child Custody Jurisdiction Act and Parental Kidnapping Prevention Act, 28 U.S.C.A. §§ 1738A(c)(2)(C)(i) and 1738A(f), notwithstanding existence of prior valid custody decree rendered by second state, 78 A.L.R.5th 465.
Construction and operation of Uniform Child Custody Jurisdiction and Enforcement Act, 100 A.L.R.5th 1.
Construction and application of International Child Abduction Remedies Act (42 USC § 11601 et seq.), 125 A.L.R. Fed. 217.