N.M. Stat. ยง 40-10D-2
ยง 40-10D-2. Definitions
Year: 2026Length: 805 words
As used in the Deployed Parents Custody and Visitation Act:
A. โ adult โ means an individual who has attained eighteen years of age or is an emancipated minor;
B. โ caretaking authority โ means the right to live with and care for a child on a day-to-day basis. โ Caretaking authority โ includes physical custody, parenting time, right to access and visitation;
C. โ child โ means:
(1) an unemancipated individual who has not attained eighteen years of age; or
(2) an adult son or daughter by birth or adoption, or under law of this state other than the Deployed Parents Custody and Visitation Act, who is the subject of a court order concerning custodial responsibility;
D. โ court โ means a tribunal, including an administrative agency, authorized under law of this state other than the Deployed Parents Custody and Visitation Act, to make, enforce or modify a decision regarding custodial responsibility;
E. โ custodial responsibility โ includes all powers and duties relating to caretaking authority and decision-making authority for a child. โ Custodial responsibility โ includes physical custody, legal custody, parenting time, right to access, visitation and authority to grant limited contact with a child;
F. โ decision-making authority โ means the power to make important decisions regarding a child, including decisions regarding the child's education, religious training, health care, extracurricular activities and travel. โ Decision-making authority โ does not include the power to make decisions that necessarily accompany a grant of caretaking authority;
G. โ deploying parent โ means a service member who is deployed or has been notified of impending deployment and is:
(1) a parent of a child under law of this state other than the Deployed Parents Custody and Visitation Act; or
(2) an individual who has custodial responsibility for a child under law of this state other than the Deployed Parents Custody and Visitation Act;
H. โ deployment โ means the movement or mobilization of a service member for more than ninety days but less than eighteen months pursuant to uniformed service orders that:
(1) are designated as unaccompanied;
(2) do not authorize dependent travel; or
(3) otherwise do not permit the movement of family members to the location to which the service member is deployed;
I. โ family member โ means a sibling, aunt, uncle, cousin, stepparent or grandparent of a child or an individual recognized to be in a familial relationship with a child under law of this state other than the Deployed Parents Custody and Visitation Act;
J. โ limited contact โ means the authority of a nonparent to visit a child for a limited time. โ Limited contact โ includes authority to take the child to a place other than the residence of the child;
K. โ nonparent โ means an individual other than a deploying parent or other parent;
L. โ other parent โ means an individual who, in common with a deploying parent, is:
(1) a parent of a child under law of this state other than the Deployed Parents Custody and Visitation Act; or
(2) an individual who has custodial responsibility for a child under law of this state other than the Deployed Parents Custody and Visitation Act;
M. โ record โ means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
N. โ return from deployment โ means the conclusion of a service member's deployment as specified in uniformed service orders;
O. โ service member โ means a member of a uniformed service;
P. โ sign โ means with present intent to authenticate or adopt a record to:
(1) execute or adopt a tangible symbol; or
or that is stored in an electronic or other medium and is retrievable in perceivable form;
N. โ return from deployment โ means the conclusion of a service member's deployment as specified in uniformed service orders;
O. โ service member โ means a member of a uniformed service;
P. โ sign โ means with present intent to authenticate or adopt a record to:
(1) execute or adopt a tangible symbol; or
(2) attach to or logically associate with the record an electronic symbol, sound or process;
Q. โ state โ means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States; and
R. โ uniformed service โ means:
(1) active and reserve components of the army, navy, air force, marine corps or coast guard of the United States;
(2) the United States merchant marine;
(3) the commissioned corps of the United States public health service;
(4) the commissioned corps of the national oceanic and atmospheric administration of the United States; or
(5) the national guard of a state.