Child as party; representation.

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A. A minor child is a permissible party, but is not a necessary party to a proceeding pursuant to this article.

B. The district court shall appoint a guardian ad litem to represent a minor or incapacitated child if the child is a party or the district court finds that the interests of the child are not adequately represented.

History: Laws 2009, ch. 215, § 6-612.

ANNOTATIONS

Effective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.

Child not automatically party. — Nothing in the statute indicates that a child is automatically a party by virtue of the fact that a child could benefit from the proceedings. Webb v. Menix, 2004-NMCA-048, 135 N.M. 531, 90 P.3d 989.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Necessity or propriety of appointment of independent guardian for child who is subject to paternity proceedings, 70 A.L.R.4th 1033.


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