The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a law that provides a framework for states to follow when dealing with child custody disputes that involve multiple states. It was adopted by the state of New Mexico in 2002 and is designed to prevent child custody battles from becoming a tug-of-war between states.
Under the UCCJEA, New Mexico has the authority to make child custody decisions if the child has lived in the state for at least six months, or if the child is less than six months old and has never lived in any other state. If the child has lived in multiple states, or if one parent lives in another state, the UCCJEA provides a process for determining which state has jurisdiction over the custody case.
The UCCJEA also includes provisions for enforcing child custody orders across state lines. If a parent takes a child to another state in violation of a custody order, the other parent can file a petition for the return of the child under the UCCJEA. The court in the state where the child is located must then order the return of the child to the state that has jurisdiction over the custody case.
If you are involved in a child custody dispute in New Mexico and are unsure of your rights or what steps to take, it is important to seek the guidance of an experienced family law attorney. The law firm of Justice Legal Group, located in Albuquerque, New Mexico, has a team of knowledgeable attorneys who can provide you with the legal support and representation you need. You can contact them at (505) 407-0573 for a consultation.
It is worth noting that the UCCJEA is not the only law that applies to child custody cases in New Mexico. The state also has its own child custody laws, which may come into play in certain circumstances. For example, the best interests of the child are always the top priority in child custody cases in New Mexico. This means that the court will consider a variety of factors, such as the child’s age, the child’s relationship with each parent, and the child’s physical and emotional needs, in determining what custody arrangement is in the child’s best interests.
In addition to the UCCJEA and state child custody laws, federal laws may also apply to child custody cases in New Mexico. For example, the Parental Kidnapping Prevention Act (PKPA) is a federal law that prevents one parent from taking a child to another state in order to obtain a more favorable custody ruling.
If you are involved in a child custody dispute in New Mexico, it is essential to understand all of the laws that may apply to your case. An experienced family law attorney can help you navigate the legal process and ensure that your rights and the best interests of your child are protected. The law firm of Justice Legal Group is ready to assist you with all of your child custody legal needs. Don’t hesitate to contact us at (505) 407-0573 for a consultation.