2020 New Mexico Statutes
Chapter 40 - Domestic Affairs
Article 10A - Child Custody
Article 1 - GENERAL PROVISIONS
Section 40-10A-112 - Cooperation between courts; preservation of records.
(a) A court of this state may request the appropriate court of another state to:
(1) hold an evidentiary hearing;
(2) order a person to produce or give evidence pursuant to procedures of that state;
(3) order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;
(4) forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented and any evaluation prepared in compliance with the request; and
(5) order a party to a child-custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
(b) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (a).
(c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) may be assessed against the parties according to the law of this state.
(d) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations and other pertinent records with respect to a child-custody proceeding until the child attains eighteen years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.
History: Laws 2001, ch. 114, § 112.
ANNOTATIONS"Upon request of the court of another state". — An order by a trial court requiring the human services department to perform a social study of the home of a resident of New Mexico at the request of an Illinois county's social services department, which was ordered by an Illinois state court to perform the home study, amounts to acting "(u)pon request of the court of another state" for Subsection A (now see Subsection (b) of this section). State ex rel. Human Servs. Dep't v. Martin, 1986-NMCA-041, 104 N.M. 279, 720 P.2d 314.
