N.M. Stat. § 40-10A-206
Simultaneous proceedings.
(a) Except as otherwise provided in Section 204, a court of this state may not
exercise its jurisdiction under Article 2 [40-10A-201 to 40-10A-210 NMSA 1978] of the
Uniform Child-Custody Jurisdiction and Enforcement Act if, at the time of the
commencement of the proceeding, a proceeding concerning the custody of the child
has been commenced in a court of another state having jurisdiction substantially in
conformity with the Uniform Child-Custody Jurisdiction and Enforcement Act, unless the
proceeding has been terminated or is stayed by the court of the other state because a
court of this state is a more convenient forum under Section 207.
(b) Except as otherwise provided in Section 204, a court of this state, before hearing
a child-custody proceeding, shall examine the court documents and other information
supplied by the parties pursuant to Section 209. If the court determines that a child-
custody proceeding has been commenced in a court in another state having jurisdiction
substantially in accordance with the Uniform Child-Custody Jurisdiction and
Enforcement Act, the court of this state shall stay its proceeding and communicate with
the court of the other state. If the court of the state having jurisdiction substantially in
accordance with the Uniform Child-Custody Jurisdiction and Enforcement Act does not
determine that the court of this state is a more appropriate forum, the court of this state
shall dismiss the proceeding.
(c) In a proceeding to modify a child-custody determination, a court of this state shall
determine whether a proceeding to enforce the determination has been commenced in
another state. If a proceeding to enforce a child-custody determination has been
commenced in another state, the court may:
(1)
stay the proceeding for modification pending the entry of an order of a
court of the other state enforcing, staying, denying or dismissing the proceeding for
enforcement;
(2)
enjoin the parties from continuing with the proceeding for enforcement; or
(3)
proceed with the modification under conditions it considers appropriate.