New Mexico Statutes

N.M. Stat. § 40-10A-101 (2026)

Short title.

✓ current as of May 2026

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This act [40-10A-101 to 40-10A-403 NMSA 1978] may be cited as the "Uniform
Child-Custody Jurisdiction and Enforcement Act".
History: Laws 2001, ch. 114, § 101.

                                      ANNOTATIONS

Discretion of trial court. — The trial court is vested with great discretion in awarding
the custody and visitation of young children, and an appellate court cannot reverse such
a decision unless the court's conclusion about the best interests of the child is a
manifest abuse of discretion under the evidence in the case. Olsen v. Olsen, 1982-
NMSC-112, 98 N.M. 644, 651 P.2d 1288.

Best interest of the child is the principal consideration on determining a child's
custody, as well as in effecting a change in custody. Olsen v. Olsen, 1982-NMSC-112,
98 N.M. 644, 651 P.2d 1288.

Must show change in circumstances for change in custody or visitation. — A
change in custody is permissible only upon a showing of a change of circumstances.
This standard is equally applicable where visitation rights are involved. Olsen v. Olsen,
1982-NMSC-112, 98 N.M. 644, 651 P.2d 1288.

When decree to set out visitation times, places, and circumstances. — If there is
any possibility of visitation problems, the visitation rights in a decree should spell out the
times, places and circumstances of visitation. Olsen v. Olsen, 1982-NMSC-112, 98 N.M.
644, 651 P.2d 1288.

Court of original jurisdiction ordinarily retains continuing jurisdiction to modify a
custody decree. Trask v. Trask, 1986-NMCA-098, 104 N.M. 780, 727 P.2d 88.

Limitation on court's authority to modify another state's decree. — Under both the
Child Custody Jurisdiction Act in 40-10-15A(1) NMSA 1978 (now see Uniform Child
Custody Jurisdiction and Enforcement Act, 40-10A-206 NMSA 1978) and the federal
Parental Kidnapping Prevention Act, 28 U.S.C. § 1738A, there is a limitation upon the
children's court's authority to modify another state's decree. State ex rel. Dep't of
Human Servs. v. Avinger, 1985-NMCA-097, 104 N.M. 355, 721 P.2d 781, aff'd, 1986-
NMSC-032, 104 N.M. 255, 720 P.2d 290.

Preemption by federal Parental Kidnapping Prevention Act. — The long line of New
Mexico cases which permits a New Mexico court to modify an out-of-state issued child
custody decree based solely on the physical presence of the child and a substantial
change of circumstances is preempted by the federal Parental Kidnapping Prevention
Act (28 U.S.C. § 1738A). State ex rel. Valles v. Brown, 1981-NMSC-136, 97 N.M. 327,
639 P.2d 1181.

Attorney fees. — The Uniform Child-Custody Jurisdiction and Enforcement Act does
not suggest legislative intent to require attorney fees be paid to the prevailing party in a
child custody dispute. Bursum v. Bursum, 2004-NMCA-133, 136 N.M. 584, 102 P.3d
651, cert. denied, 2005-NMCERT-003, 137 N.M. 290, 110 P.3d 506.
Law reviews. — For annual survey of New Mexico law relating to civil procedure, see
12 N.M.L. Rev. 97 (1982).

For annual survey of New Mexico law relating to domestic relations, see 12 N.M.L. Rev.
325 (1982).

For annual survey of New Mexico law relating to domestic relations, see 13 N.M.L. Rev.
379 (1983).

For note, "Domestic Relations - An Interpretation of the Parental Kidnapping Prevention
Act of 1980: State ex rel. Valles v. Brown," see 13 N.M.L. Rev. 527 (1983).

For article, "Survey of New Mexico Law, 1982-83: Domestic Relations," see 14 N.M.L.
Rev. 135 (1984).

For note, "Domestic Relations - An Interpretation of the Parental Kidnapping Prevention
Act and the New Mexico Child Custody Jurisdiction Act; State ex rel. Dept. of Human
Servs. v. Avinger," see 17 N.M.L. Rev. 409 (1987).

For annual survey of civil procedure in New Mexico, see 18 N.M.L. Rev. 287 (1988).

For annual survey of domestic relations law in New Mexico, see 18 N.M.L. Rev. 371
(1988).

For annual survey of New Mexico family law, 19 N.M.L. Rev. 692 (1990).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Attorneys' fees awards in parent-
nonparent child custody case, 45 A.L.R.4th 212.

Parent's transsexuality as factor in award of custody of children, visitation rights, or
termination of parental rights, 59 A.L.R.4th 1170.

State court's authority, in marital or child custody proceeding, to allocate federal income
tax dependency exemption for child to noncustodial parent under § 152(e) of the
Internal Revenue Code (26 USCS § 152(e)), 77 A.L.R.4th 786.

What types of proceedings or determinations are governed by the Uniform Child
Custody Jurisdiction Act (UCCJA) or the Parental Kidnapping Prevention Act (PKPA),
78 A.L.R.4th 1028.

Applicability of Uniform Child Custody Jurisdiction Act (UCCJA) to temporary custody
orders, 81 A.L.R.4th 1101.

Child custody: when does state that issued previous custody determination have
continuing jurisdiction under Uniform Child Custody Jurisdiction Act (UCCJA) or
Parental Kidnapping Prevention Act (PKPA), 28 USCS § 1738A, 83 A.L.R.4th 742.
Child custody and visitation rights of person infected with AIDS, 86 A.L.R.4th 211.

Denial or restriction of visitation rights to parent charged with sexually abusing child, 1
A.L.R.5th 776.

Home state jurisdiction of court under § 3(a)(1) of the Uniform Child Custody
Jurisdiction Act (UCCJA) or the Parental Kidnapping Prevention Act (PKPA), 28 USCS
§ 1738A(c)(2)(A), 6 A.L.R.5th 1.

Default jurisdiction of court under § 3(a)(4) of the Uniform Child Custody Jurisdiction Act
(UCCJA) or the Parental Kidnapping Prevention Act (PKPA), 28 USCS §
1738A(c)(2)(D), 6 A.L.R.5th 69.

Parties' misconduct as ground for declining jurisdiction under § 8 of the Uniform Child
Custody Jurisdiction Act (UCCJA), 16 A.L.R.5th 650.

Significant connection jurisdiction of court to modify foreign child custody decree under
§§ 3(a)(2) and 14(b) of the Uniform Child Custody Jurisdiction Act (UCCJA) and the
Parental Kidnapping Prevention Act (PKPA), 28 U.S.C.A. §§ 1738A(c)(2)(b) and
1738A(f)(1), 67 A.L.R.5th 1.

Home state jurisdiction of court to modify foreign child custody decree under §§ 3(a)(1)
and 14(a)(2) of Uniform Child Custody Jurisdiction Act (UCCJA) and Parental
Kidnapping Prevention Act (PKPA), 28 U.S.C.A. §§ 1738A(c)(2)(A) and 1738A(f)(1), 72
A.L.R.5th 249.

Declining jurisdiction to modify prior child custody decree under § 14(a)(1) of Uniform
Child Custody Jurisdiction Act (UCCJA) and Parental Kidnapping Prevention Act
(PKPA), 28 U.S.C.A. § 1738A(f)(2), 73 A.L.R.5th 185.

Abandonment jurisdiction of court under §§ 3(a)(3)(i) and 14(a) of Uniform Child
Custody Jurisdiction Act and Parental Kidnapping Prevention Act, 28 U.S.C.A. §§
1738A(c)(2)(C)(i) and 1738A(f), notwithstanding existence of prior valid custody decree
rendered by second state, 78 A.L.R.5th 465.

Construction and operation of Uniform Child Custody Jurisdiction and Enforcement Act,
100 A.L.R.5th 1.

Construction and application of International Child Abduction Remedies Act (42 USC §
11601 et seq.), 125 A.L.R. Fed. 217.

Notes of Decisions

Cited in 21 cases (1 in the last 5 years), 2003–2024 · leading case: State Ex Rel. Child., Youth & Families Dep't v. Donna J., 129 P.3d 167 (N.M. Ct. App. 2006).

Sort: Relevance Newest Treatment

State Ex Rel. Child., Youth & Families Dep't v. Donna J., 129 P.3d 167 (N.M. Ct. App. 2006). · cites it 6× “We hold that the mother resided in Texas under the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), NMSA 1978, §§ 40-10A-101 to -403 (2001), and affirm the ruling of the district court granting full faith and credit to the orders of the Texas court.”

Seipert v. Johnson, 77 P.3d 298 (N.M. Ct. App. 2003). · cites it 2× “The Child Custody Jurisdiction Act, NMSA 1978, §§ 40-10-1 to -24 (1981, as amended through 1989) (repealed 2001 N.”

Escobar v. Reisinger, 64 P.3d 514 (N.M. Ct. App. 2003). · cites it 2× “Although the CCJA has been superceded by the Uniform Child Custody Jurisdiction and Enforcement Act, NMSA 1978, §§ 40-10A-101 to -403 (2001) (the UCCJEA), the UCCJEA provides that “[a] motion or other request for relief made in a child-custody proceeding or to enforce a…”

MALISSA C. v. Matthew Wayne H., 193 P.3d 569 (N.M. Ct. App. 2008). · cites it 4× “Our review in this case requires us to apply the provisions of the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA), NMSA 1978, §§ 40-10A-101 to -403 (2001). We affirm.”

Garcia v. Gutierrez, 217 P.3d 591 (N.M. 2009). · cites it 2× “We begin with the state statute, the Uniform Child-Custody Jurisdiction and Enforcement Act (“UCCJEA”), NMSA 1978, §§ 40-10A-101 to -403 (2001), because it is dispositive.”

In re Dean, 393 S.W.3d 741 (Tex. 2012). “pdf; see also N.M. Stat. § 40-10A-101 etseq. . Pursuant to sections 201.”

Bursum v. Bursum, 102 P.3d 651 (N.M. Ct. App. 2004). · cites it 2× “However, although New Mexico now follows the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA), NMSA 1978, §§ 40-10A-101 to-403 (2001), the child custody law governing this case is the now-repealed Child Custody Jurisdiction Act (CCJA), NMSA 1978, §§ 40-10-1 to -24…”

State ex rel. Chidren, Youth & Families Dep't v. Djamila B., 2015 NMSC 003 (N.M. Ct. App. 2014). · cites it 2× “114, § 404 and recodified in the Uniform Child-Custody Jurisdiction and Enforcement Act, NMSA 1978, §§ 40-10A-101 to -403 (2001))).”

State v. Hunter, 2005 NMCA 89 (N.M. Ct. App. 2005). · cites it 2× “Missouri Jurisdictional Issue {13} Whether or not a state court has subject matter jurisdiction to modify a custody order is governed by the Uniform Child-Custody Jurisdiction and Enforcement Act, NMSA 1978, §§ 40-10A-101 to -403 (2001). However, Section 40-10A — 403 provides…”

Cherino v. Cherino, 176 P.3d 1184 (N.M. Ct. App. 2007). · cites it 2× “{6} On appeal, Mother contends that the district court’s transfer of jurisdiction was improper under both the ICWA and the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA), NMSA 1978, §§ 40-10A-101 to -210 (2001).”

Bahe v. Platero, 11 Am. Tribal Law 104 (2012). “3 Jurisdiction over child custody matters in New Mexico is determined under the UCCJEA, NMSA 1978, § 40-10A-101 et seq. (2001). According to some commentators, the UCCJEA confers subject matter and personal jurisdiction while also operating substantially like a long arm statute,…”

Garcia v. Gutierrez, 192 P.3d 275 (N.M. Ct. App. 2008). “e question of the district court’s subject matter jurisdiction over the custody dispute requires this Court to determine whether land owned in fee by a non-Indian within the exterior boundaries of a pueblo is considered part of a “tribe” for purposes of determining the “home…”

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