English
EspañolWhere can I file for child custody? (Which state has jurisdiction?)
Generally, you can file for custody only in the “home state” of the child. (There are exceptions to the “home state” rule – see below.)
The “home state” is the state where the child has lived with a parent or a person acting as a parent for at least six consecutive months. If your child is less than six months old, the “home state” is the state where the child has lived from birth. (Temporary absence from the state does not change anything.)
If you and your child recently moved to a new state, you usually cannot file for custody in that new state until you have lived there for at least six months. Until then, the other parent can start a custody action in the state where your child most recently lived for at least six months.1
There are exceptions to the “home state rule.” In some cases, you can file for custody in a state where the child and at least one parent have “significant connections,” and where there is evidence available about the child’s care, protection, training, and personal relationships. Usually, however, you can only do this if there is no home state or if the home state has agreed to let another state decide the case (have jurisdiction).2 This can be complicated, and if you think this applies to your situation, please talk to a lawyer in both states about this.
1 N.M. Stat. § 40-10A-201(a)(1)
2 N.M. Stat. § 40-10A-201(a)(2)
