Chapter 40 — Chapter 40

512 sections in this chapter.

512 sectionsFiltered byCh 40

NMSA 1978, § 40-10B-2 Repealed
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History: Laws 2001, ch. 167, § 2; repealed by Laws 2020, ch. 51, § 10.
NMSA 1978, § 40-10B-20 Repealed
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History: 1978 Comp., § 40-10B-20, as enacted by Laws 2020, ch. 51, § 8; repealed by Laws 2023, ch. 90, § 29.
NMSA 1978, § 40-10B-21 Repealed
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History: 1978 Comp., § 40-10B-21, as enacted by Laws 2020, ch. 51, § 9; repealed by Laws 2023, ch. 90, § 29.
NMSA 1978, § 40-10B-3 Definitions
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As used in the Kinship Guardianship Act: A. "caregiver" means an adult, who is not a parent of a child, with whom a child resides and who provides that child with the care, maintenance and supervision consistent with the duties and responsibilities of a parent of the child; B. "c…
NMSA 1978, § 40-10B-4 Jurisdiction and venue
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A. The district court has jurisdiction of proceedings pursuant to the Kinship Guardianship Act. B. Proceedings pursuant to the Kinship Guardianship Act shall be in the district court of the county of the child's legal residence or the county where the child resides, if different …
NMSA 1978, § 40-10B-5 Petition; who may file; contents
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A. A petition seeking the appointment of a guardian pursuant to the Kinship Guardianship Act may be filed only by: (1) a kinship caregiver; (2) a caregiver, who has reached the age of twenty-one, with whom no kinship with the child exists who has been nominated to be guardian of …
NMSA 1978, § 40-10B-6 Service of petition; notice; parties
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A. The court shall set a date for hearing on the petition, which date shall be no less than thirty and no more than ninety days from the date of filing the petition. B. The petition and a notice of the hearing shall be served upon: (1) the department if there is any pending matte…
NMSA 1978, § 40-10B-7 Temporary guardianship pending hearing
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A. After the filing of the petition, upon motion of the petitioner or a person required to be served pursuant to Subsection B of Section 40-10B-6 NMSA 1978, or upon its own motion, the court may appoint a temporary guardian to serve for not more than one hundred eighty days or un…
NMSA 1978, § 40-10B-8 Hearing; elements of proof; burden of proof; judgment;
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child support. A. Upon hearing, if the court finds that a qualified person seeks appointment, the venue is proper, the required notices have been given, the requirements of Subsection B of this section have been proved and the best interests of the minor will be served by the req…
NMSA 1978, § 40-10B-9 Guardian ad litem; appointment
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A. In a proceeding to appoint a guardian pursuant to the Kinship Guardianship Act, the court may appoint a guardian ad litem for the child upon the motion of a party or solely in the court's discretion. The court shall appoint a guardian ad litem if a parent of the child is parti…
NMSA 1978, § 40-10C-1 Short title
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This act [40-10C-1 to 40-10C-12 NMSA 1978] may be cited as the "Uniform Child Abduction Prevention Act". History: Laws 2013, ch. 156, § 1.
NMSA 1978, § 40-10C-10 Duration of abduction prevention order
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An abduction prevention order remains in effect until the earliest of: A. the time stated in the order; B. the emancipation of the child; C. the child's attaining eighteen years of age; or D. the time the order is modified, revoked, vacated or superseded by a court with jurisdict…
NMSA 1978, § 40-10C-11 Uniformity of application and construction
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In applying and construing the Uniform Child Abduction Prevention Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Laws 2013, ch. 156, § 11.
NMSA 1978, § 40-10C-12 Relation to Electronic Signatures in Global and National
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Commerce Act. The Uniform Child Abduction Prevention Act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. Section 7…
NMSA 1978, § 40-10C-2 Definitions
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As used in the Uniform Child Abduction Prevention Act: A. "abduction" means the wrongful removal or wrongful retention of a child; B. "child" means an unemancipated individual who is less than eighteen years of age; C. "child-custody determination" means a judgment, decree or oth…
NMSA 1978, § 40-10C-3 Cooperation and communication among courts
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Sections 40-10A-110 through 40-10A-112 NMSA 1978 apply to cooperation and communication among courts in proceedings pursuant to the Uniform Child Abduction Prevention Act. History: Laws 2013, ch. 156, § 3.
NMSA 1978, § 40-10C-4 Actions for abduction prevention measures
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A. A court on its own motion may order abduction prevention measures in a child- custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child. B. A party to a child-custody determination or another individual or entity having a rig…
NMSA 1978, § 40-10C-5 Jurisdiction
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A. A petition pursuant to the Uniform Child Abduction Prevention Act may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue pursuant to the Uniform Child-Custody Jurisdiction and Enforcement Act [40-10A-101 to 4…
NMSA 1978, § 40-10C-6 Contents of petition
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A petition pursuant to the Uniform Child Abduction Prevention Act shall be verified and include a copy of any existing child-custody determination, if available. The petition shall specify the risk factors for abduction, including the relevant factors described in Section 7 of th…
NMSA 1978, § 40-10C-7 Factors to determine risk of abduction
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A. In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent: (1) has previously abducted or attempted to abduct the child; (2) has threatened to abduct the child; (3) has recently engaged in a…
NMSA 1978, § 40-10C-8 Provisions and measures to prevent abduction
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A. If a petition is filed pursuant to the Uniform Child Abduction Prevention Act, the court may enter an order that shall include: (1) the basis for the court's exercise of jurisdiction; (2) the manner in which notice and opportunity to be heard were given to the persons entitled…
NMSA 1978, § 40-10C-9 Warrant to take physical custody of child
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A. If a petition pursuant to the Uniform Child Abduction Prevention Act contains allegations that the child is imminently likely to be wrongfully removed and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may …
NMSA 1978, § 40-10D-1 Short title
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This act [40-10D-1 to 40-10D-9 NMSA 1978] may be cited as the "Deployed Parents Custody and Visitation Act". History: Laws 2014, ch. 4, § 1.
NMSA 1978, § 40-10D-2 Definitions
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As used in the Deployed Parents Custody and Visitation Act: A. "adult" means an individual who has attained eighteen years of age or is an emancipated minor; B. "caretaking authority" means the right to live with and care for a child on a day-to- day basis. "Caretaking authority"…
NMSA 1978, § 40-10D-3 Residence unchanged by deployment
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A. If a court has issued a temporary order regarding custodial responsibility pursuant to the Deployed Parents Custody and Visitation Act, the residence of the deploying parent is not considered to be changed by reason of the deployment for the purposes of the Uniform Child-Custo…
NMSA 1978, § 40-10D-4 Notification required of deploying parent
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A. Except as otherwise provided in Subsection D of this section and subject to Subsection C of this section, a deploying parent shall notify in a record the other parent of a pending deployment not later than seven days after receiving notice of deployment unless reasonably preve…
NMSA 1978, § 40-10D-5 Duty to notify of change of address
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A. Except as otherwise provided in Subsection B of this section, an individual to whom custodial responsibility has been granted during deployment pursuant to the Deployed Parents Custody and Visitation Act shall notify the deploying parent and any other individual with custodial…
NMSA 1978, § 40-10D-6 General consideration in custody proceeding of parent’s
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military service. In a proceeding for custodial responsibility of a child of a service member, a court shall not consider a parent's past deployment or possible future deployment in itself in determining the best interest of the child. History: Laws 2014, ch. 4, § 6.
NMSA 1978, § 40-10D-7 Agreement addressing custodial responsibility during
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deployment; form of agreement. A. The parents of a child may enter into a temporary agreement granting custodial responsibility during deployment under the Deployed Parents Custody and Visitation Act. B. A temporary agreement pursuant to Subsection A of this section shall be: (1)…
NMSA 1978, § 40-10D-8 Nature of authority created by agreement
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A. An agreement under the Deployed Parents Custody and Visitation Act is temporary and terminates pursuant to that act after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order. The agreement does not create an in…
NMSA 1978, § 40-10D-9 Expedited hearing
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If a motion to grant custodial responsibility is filed pursuant to the Deployed Parents Custody and Visitation Act before a deploying parent deploys, the court shall conduct an expedited hearing. History: Laws 2014, ch. 4, § 9.
NMSA 1978, § 40-11-1 Repealed
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History: Laws 1986, ch. 47, § 1; repealed by Laws 2009, ch. 215, § 9.
NMSA 1978, § 40-11-10 Repealed
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History: Laws 1986, ch. 47, § 10; repealed by Laws 2009, ch. 215, § 9.
NMSA 1978, § 40-11-11 Repealed
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History: Laws 1986, ch. 47, § 11; 1993, ch. 287, § 5; repealed by Laws 2009, ch. 215, § 9.
NMSA 1978, § 40-11-12 Repealed
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History: Laws 1986, ch. 47, § 12; 1989, ch. 56, § 2; 1993, ch. 287, § 6; 1997, ch. 237, § 18; repealed by Laws 2009, ch. 215, § 9.
NMSA 1978, § 40-11-13 Repealed
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History: Laws 1986, ch. 47, § 13; 1989, ch. 56, § 3; repealed by Laws 2009, ch. 215, § 9.
NMSA 1978, § 40-11-14 Repealed
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History: Laws 1986, ch. 47, § 14; 1997, ch. 237, § 1; repealed by Laws 2009, ch. 215, § 9.
NMSA 1978, § 40-11-15 Repealed
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History: Laws 1986, ch. 47, § 15; 1989, ch. 56, § 4; 1993, ch. 287, § 7; 1997, ch. 237, § 20; 2001, ch. 215, § 1; 2004, ch. 41, § 4; repealed by Laws 2009, ch. 215, § 9.
NMSA 1978, § 40-11-16 Repealed
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History: Laws 1986, ch. 47, § 16; 1989, ch. 56, § 5; 2004, ch. 41, § 5; repealed by Laws 2009, ch. 215, § 9.
NMSA 1978, § 40-11-17 Repealed
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History: Laws 1986, ch. 47, § 17; repealed by Laws 2009, ch. 215, § 9.
NMSA 1978, § 40-11-18 Repealed
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History: Laws 1986, ch. 47, § 18; repealed by Laws 2009, ch. 215, § 9.
NMSA 1978, § 40-11-19 Repealed
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History: Laws 1986, ch. 47, § 19; repealed by Laws 2009, ch. 215, § 9.
NMSA 1978, § 40-11-2 Repealed
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History: Laws 1986, ch. 47, § 2; repealed by Laws 2009, ch. 215, § 9.
NMSA 1978, § 40-11-20 Repealed
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History: Laws 1986, ch. 47, § 20; repealed by Laws 2009, ch. 215, § 9.
NMSA 1978, § 40-11-21 Repealed
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History: Laws 1986, ch. 47, § 21; repealed by Laws 2009, ch. 215, § 9.
NMSA 1978, § 40-11-22 Repealed
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History: Laws 1986, ch. 47, § 22; repealed by Laws 2009, ch. 215, § 9.
NMSA 1978, § 40-11-23 Repealed
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History: Laws 1986, ch. 47, § 23; 1989, ch. 56, § 6; 2004, ch. 41, § 6; repealed by Laws 2009, ch. 215, § 9.
NMSA 1978, § 40-11-3 Repealed
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History: Laws 1986, ch. 47, § 3; repealed by Laws 2009, ch. 215, § 9.
NMSA 1978, § 40-11-4 Repealed
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History: Laws 1986, ch. 47, § 4; repealed by Laws 2009, ch. 215, § 9.
NMSA 1978, § 40-11-5 Repealed
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History: Laws 1986, ch. 47, § 5; 1989, ch. 56, § 1; 1993, ch. 287, § 3; 1997, ch. 237, § 17; repealed by Laws 2009, ch. 215, § 9.