Divorce is not easy by any means. However, when a divorce includes children, parents are required to take additional steps to reach agreements that impact the children, focusing on their best interests. One of those decisions revolves around child custody. Once a child custody order is established, that agreement needs to be followed until the child reaches majority age or a parent takes steps to modify the order. If the order is not followed, a parent can take enforcement steps.
How can parents in New Mexico enforce child custody orders? According to New Mexico state law, the duty to enforce child custody orders can occur in three manners.
First, if a parent seeks to enforce an order that was determined in another state, a court in New Mexico recognizes a child custody order that was established in a court from a jurisdiction that is in substantial conformity with the Uniform Child-Custody Jurisdiction and Enforcement Act. Or, if the order was made under factual circumstances that meet the jurisdictional standards of that Act and has not been modified in accordance with that Act, the order shall be recognized in New Mexico.
Next, a court in New Mexico is able to utilize any remedies available under other laws of the state in order to enforce a child custody order that was established by a court of another state. These remedies are cumulative and cannot affect the availability of other remedies used to enforce a child custody determination.
Lastly, a court in New Mexico is able to enforce a child custody order that was made pursuant to Sections 201 and 203 of the state laws. This remains possible until a court that has jurisdiction modifies the order.
There are many reasons why a parent might need to enforce a child custody order. However, a parent seeks to enforce the order to ensure that the best interests of the child are met. Divorcing or divorced parents dealing with this or other child custody issues should understand they may have options available to them and are able to take action to remedy their issues.
Source: Law.justia.com, “Chapter 40 – Section 40-10A-303 – Duty to enforce,” accessed June 19, 2016