New Mexico was child’s “home state” under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and, thus, New Mexico had jurisdiction over issue of child custody, although divorce action was filed in Texas first, where child was born in New Mexico and had lived there ever since; divorce and custody determinations involved different inquiries, and custody determinations were governed by the Act, regardless of whether there was an ongoing divorce.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com