Registering and Enforcing a Child Custody From Another State’s Order in Albuquerque, New Mexico

 

HOW TO REGISTERING AND ENFORCING A CHILD CUSTODY FROM ANOTHER STATES ORDER IN ALBUQUERQUE, NEW MEXICO

 

Are you looking for information on Registering and Enforcing a Child Custody From Another State’s Order in Albuquerque, New Mexico?

Since COVID hit, I have personally observed an increase in legal issues where one parent desires to either enforce or modify a separate state’s parents time-sharing order in New Mexico.

The typical case generally involves a couple (either married or not) that formerly lived in State Number One (Arizona, Colorado, Texas, etc.).  The relationship ended in State Number One with the parents opening a child custody and divorce case in State Number One.  State Number One entered a child custody and parents time-sharing order involving the parents’ child.  After the order was entered, both parents moved to a different state (State Number Two).

Although the parents continue to follow State Number One’s custody and parents time-sharing order, both parents are now living in a different state (State Number Two).

In some cases, both parents are now living in New Mexico with the child.  In other cases, one parent moved to State Number Two (Arizona, Colorado, Texas, etc.), and the parent with primary custody moved — with the child — to State Number Two (New Mexico).

Now that the child is living in Albuquerque, New Mexico, and either one or both of the parents are in New Mexico, the parents need to either enforce or modify the order from State Number One.  The parents seek to either enforce or modify the court order, in New Mexico, because the child is now living in New Mexico.

In some cases, the parents need to enforce the order from State Number One, in New Mexico, because the child has lived in Albuquerque, New Mexico for six months, or more, and the other parent is refusing to follow the Court Order. Possibly each parent now lives in different states (the child primarily residing in New Mexico with the primary custodian) and the other parent is exercising “out-of-state” time-sharing in a state other than New Mexico.

In other cases, the parents need to modify State Number One’s child custody and parents time-sharing order, in Albuquerque, New Mexico, because a major change has occurred since the order was entered and the child now resides in New Mexico.

 

Does New Mexico have the power to enforce or modify State Number One’s order?

 

Generally, in order for New Mexico to become involved, State Number One can no longer remain the residence of the child or any parent to the dispute.  In other words, if either parent still lives in State Number One, New Mexico generally will decline to get involved and the matter must be decided by State Number One.

 

What happens if both parents, and the child, are no longer living in State Number One?

 

In cases where the child and both parents no longer reside in State Number One, New Mexico can assert enforcement or modification power if New Mexico is now the child’s “home state,” or if State Number One declines jurisdiction because New Mexico is a more appropriate forum.

 

When is New Mexico the Child’s “home state?”

 

New Mexico is the child’s “home state” when the child has lived with a parent or a person acting as a parent in New Mexico for at least six consecutive months.

 

When is Albuquerque, New Mexico the “appropriate forum” to enforce or modify State Number One’s order?

 

Generally, Albuquerque, New Mexico is considered to be a more appropriate forum when:

1. 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 New Mexico other than mere physical presence; and
2. Substantial evidence concerning the child’s care, protection, training and personal relationships is available in New Mexico. See NMSA 1978, § 40-10A-201(2)(A) and (B).

In other words, Albuquerque, New Mexico generally has enforcement/modification power when New Mexico is now the child’s “home state” and either State Number One no longer has continuing, exclusive jurisdiction (because the child and parents no longer reside in State Number One) or State Number One determines that New Mexico is the more appropriate forum.

Assuming that New Mexico has modification power, based on the discussion above, a parent may file a Verified Petition to Register/Domesticate a Foreign Order in Albuquerque, New Mexico.  In order to do so, one must include:

1. Two copies, including one certified copy, of the order that one is attempting to register/domesticate. See NMSA 1978, § 40-10A-305(a)(2);
2. A statement from the person seeking registration, to the best of their knowledge and under the penalty of perjury, that the proposed order has not been modified. See Id; and
3. The name and address of the person seeking the registration and any parent or person acting as a parent who has been awarded child custody or parental visitation in the proposed child custody order that one seeks to register. See NMSA 1978, § 40-10A-305(a)(3).

Once the Verified Petition is filed, New Mexico courts generally set a hearing to determine if New Mexico has the power to assert jurisdiction, based on the factors above. At this point, New Mexico and State Number One may communicate through a “UCCJEA teleconference,” where the presiding judge from each state communicate and determine which state is the more appropriate forum moving forward.

From my experience, Albuquerque, New Mexico will refuse another state’s request to assert jurisdiction over an ongoing custody case, when New Mexico has already asserted jurisdiction, entered a child custody/parents time-sharing order, and either parent remains in Albuquerque, New Mexico.

 

(505) SANCHEZ IS HERE TO ANSWER YOUR QUESTIONS ABOUT REGISTERING AND ENFORCING A CHILD CUSTODY FROM ANOTHER STATE’S ORDER IN ALBUQUERQUE, NEW MEXICO

 

Do you still have questions about enforcing another state’s order in Albuquerque, New Mexico? Registering and Enforcing a Child Custody From Another State’s Order in Albuquerque, New Mexico often requires the experience hand and knowledge that comes with years of courtroom practice and procedure.  Matthew Legan Sanchez is an experienced Albuquerque child custody attorney that can register your court order from another state in Albuquerque, New Mexico.  Sanchez can be reached by calling (505) SANCHEZ.