Child Custody Jurisdiction in New Mexico and Other States

Frequently, prior to the filing of divorce or custody action, one of the parents will relocate with the children to another state.  This happens where one of parents relocates to another state from New Mexico.  Likewise, it occurs when a parent relocates to New Mexico with one of the children.  The other parent needs to understand their rights, which largely are dependent upon child custody jurisdiction over the children.

Requirements for Child Custody State Jurisdiction

In New Mexico and most other states, a state will not gain jurisdiction over child custody matters until the child has legally resided in the state for 6 months or more.  Legally resided means that the child has not been brought to New Mexico or removed from New Mexico in violation of Court Order.  Until 6 months has passed, the second state in which the children have been relocated, whether it is New Mexico or another state where the children have relocated from New Mexico, will not have jurisdiction over child custody matters.  The state from which the children were removed will retain jurisdiction during this 6 month period.

Maintaining "Home State" Jurisdiction

So what should you do if this happens to you? You should immediately file an action in New Mexico if the children have been removed from New Mexico.  If the children have been relocated to New Mexico from another state, then you should file an action in your home state before the New Mexico courts gain child custody jurisdiction.  This will ensure that jurisdiction remains in the children’s home state, and not the state to which they have been wrongfully relocated.   In many cases, the Court will order that the children be returned home.  This will depend on many circumstances surrounding the relocation of the children.

Avoid Filing Anything Outside the Home State

Unfortunately, what happens instead, is that the parent whose children have been wrongfully relocated, will file an action in the second state.  This basically acts as your consent to the jurisdiction of the courts of the second state.  Unless this is your intention, then you should avoid filing anything in the second state and immediately seek relief in your own courts.

This can be a very tricky situation.  If you are facing this situation, you should contact an attorney immediately.  Jurisdiction in another state over the custody of your children can have numerous disadvantages and may ultimately jeopardize your custody rights to your children.

Parrish Collins

New Mexico Family Lawyer

• This article is provided for informational purposes only. If you need help with a Child Custody case
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