N.M. Stat. § 40-6A-204
Simultaneous proceedings.
A. A tribunal of this state may exercise jurisdiction to establish a support order if the
petition or comparable pleading is filed after a petition or comparable pleading is filed in
another state or a foreign country only if:
(1)
the petition or comparable pleading in this state is filed before the
expiration of the time allowed in the other state or the foreign country for filing a
responsive pleading challenging the exercise of jurisdiction by the other state or the
foreign country;
(2)
the contesting party timely challenges the exercise of jurisdiction in the
other state or the foreign country; and
(3)
if relevant, this state is the home state of the child.
B. A tribunal of this state may not exercise jurisdiction to establish a support order if
the petition or comparable pleading is filed before a petition or comparable pleading is
filed in another state or a foreign country if:
(1)
the petition or comparable pleading in the other state or foreign country is
filed before the expiration of the time allowed in this state for filing a responsive pleading
challenging the exercise of jurisdiction by this state;
(2)
the contesting party timely challenges the exercise of jurisdiction in this
state; and
(3)
if relevant, the other state or foreign country is the home state of the child.