STATE OF N.M., EX REL. CYFD v. DONNA J.

No. 25,872.

129 P.3d 167 (2006)

139 N.M. 131

2006-NMCA-023

STATE of NEW MEXICO, ex rel. CHILDREN, YOUTH AND FAMILIES DEPARTMENT, Plaintiff-Appellant, v. DONNA J., Michael H., and Tommy J. II, Respondents, Martha K. and Anthony K., Intervenors, Elsie N., Intervenor/Appellee. In the Matter of Jessica H. and Elizabeth N., Children

Court of Appeals of New Mexico.

January 12, 2006.


Attorney(s) appearing for the Case

Children, Youth & Families Department, Rebecca J. Liggett, Santa Fe, NM, for Appellant.

Atkinson & Kelsey, P.A., Patrick L. McDaniel, Albuquerque, NM, for Appellee.

Karen L. Townsend, Aztec, NM, Guardian Ad Litem.

F. Chester Miller III, PC, F. Chester Miller III, Farmington, NM, for Respondent Donna J.


OPINION

WECHSLER, Judge.

{1} In this abuse and neglect case, with child custody proceedings in both Texas and New Mexico, we address whether exclusive, continuing jurisdiction remains in the Texas court after the father dies and the mother moves to New Mexico with the child, but is later incarcerated in Texas at the time the child's grandmother files a petition to modify the Texas court's custody order. We hold that the mother resided in Texas under the...

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