(a) Except as otherwise provided in Section 204, a court of this state may not exercise its jurisdiction under Article 2 [40-10A-201 to 40-10A-210 NMSA 1978] of the Uniform Child-Custody Jurisdiction and Enforcement Act if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with the Uniform Child-Custody Jurisdiction and Enforcement Act, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under Section 207.
(b) Except as otherwise provided in Section 204, a court of this state, before hearing a child-custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to Section 209. If the court determines that a child-custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with the Uniform Child-Custody Jurisdiction and Enforcement Act, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with the Uniform Child-Custody Jurisdiction and Enforcement Act does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
(c) In a proceeding to modify a child-custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child-custody determination has been commenced in another state, the court may:
(1) stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying or dismissing the proceeding for enforcement;
(2) enjoin the parties from continuing with the proceeding for enforcement; or
(3) proceed with the modification under conditions it considers appropriate.
History: Laws 2001, ch. 114, § 206.
ANNOTATIONSJurisdiction substantially in conformity with the act. — Where a four-month old child lived exclusively in New Mexico from birth until the child's parents departed for Texas; the child was on New Mexico medicaid and his doctor was in New Mexico; the child lived in Texas for thirteen days before the mother left Texas; the father filed a custody proceeding in Texas and the mother subsequently filed a custody proceeding in New Mexico; the pleadings filed in the Texas proceeding did not state where or with whom the child had resided since birth, the New Mexico court had jurisdiction because the Texas court was not exercising jurisdiction substantially in conformity with the act and substantial evidence supported the New Mexico court's finding that the child's home state was New Mexico. Malissa C. v. Matthew Wayne H., 2008-NMCA-128, 145 N.M. 22, 193 P.3d 569.
Assumption of jurisdiction by New Mexico court. — A New Mexico court had jurisdiction to modify a California order on custody since New Mexico was the home state of the parents and children at the time of commencement of the proceeding and since the California divorce decree court had retained jurisdiction only over property and related issues, not custody issues. Nelson v. Nelson, 1996-NMCA-015, 121 N.M. 243, 910 P.2d 319.
Proceeding in other state. — Award of temporary custody to the mother was improper pursuant to the former New Mexico Child Custody Jurisdiction Act because child custody proceedings were previously filed and pending in the child's home state, which was Missouri. Escobar v. Reisinger, 2003-NMCA-047, 133 N.M. 487, 64 P.3d 514.
Cessation of home state jurisdiction. — The Uniform Child-Custody Jurisdiction Enforcement Act's language specifically requires action by either the home state or another state before exclusive, continuing jurisdiction in the home state ceases. State ex rel. Children, Youth and Families Dep't' v. Donna J., 2006-NMCA-023, 139 N.M. 131, 129 P.3d 167.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 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.
Pending proceeding in another state as ground for declining jurisdiction under § 6(a) of the Uniform Child Custody Jurisdiction Act (UCCJA) or the Parental Kidnapping Prevention Act (PKPA), 28 USCS § 1738A(g), 20 A.L.R.5th 700.