N.M. Stat. § 40-10A-207
Inconvenient forum.
(a) A court of this state which has jurisdiction under the Uniform Child-Custody
Jurisdiction and Enforcement Act to make a child-custody determination may decline to
exercise its jurisdiction at any time if it determines that it is an inconvenient forum under
the circumstances and that a court of another state is a more appropriate forum. The
issue of inconvenient forum may be raised upon motion of a party, the court's own
motion or request of another court.
(b) Before determining whether it is an inconvenient forum, a court of this state shall
consider whether it is appropriate for a court of another state to exercise jurisdiction. For
this purpose, the court shall allow the parties to submit information and shall consider all
relevant factors, including:
(1)
whether domestic violence has occurred and is likely to continue in the
future and which state could best protect the parties and the child;
(2)
the length of time the child's home state is or recently was another state;
(3)
the distance between the court in this state and the court in the state that
would assume jurisdiction;
(4)
the relative financial circumstances of the parties with respect to travel
arrangements;
(5)
any agreement of the parties as to which state should assume jurisdiction;
(6)
the nature and location of the evidence required to resolve the pending
custody litigation, including testimony of the child;
(7)
the ability of the court of each state to decide the custody issue
expeditiously and the procedures necessary to present the evidence; and
(8)
whether another state has a closer connection with the child or with the
child and one or more of the parties, including whether the court of the other state is
more familiar with the facts and issues in the pending litigation.
(c) If a court of this state determines that it is an inconvenient forum and that a court
of another state is a more appropriate forum, it shall stay the proceedings upon
condition that a child-custody proceeding be promptly commenced in another
designated state and may impose any other condition the court considers just and
proper.
(d) A court of this state may decline to exercise its jurisdiction under the Uniform
Child-Custody Jurisdiction and Enforcement Act if a child-custody determination is
incidental to an action for divorce or another proceeding while still retaining jurisdiction
over the divorce or other proceeding.