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New Mexico · Through 2026-07-01

32A-4-16: Ex-parte custody orders.

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Where this section sits in the code
  1. Chapter 32A - Children's Code
  2. ARTICLE 4 Child Abuse and Neglect

A. At the time a petition is filed or any time thereafter, the children's court or the district court may issue an ex-parte custody order upon a sworn written statement of facts showing probable cause exists to believe that the child is abused or neglected and that custody under the criteria set forth in Section 32-4-16 [32A-4-18] NMSA 1978 is necessary.

B. The ex-parte custody order shall be served on the respondent by a person authorized to serve arrest warrants and shall direct the officer to take custody of the child and deliver him to a place designated by the court.

C. The Rules of Evidence do not apply to the issuance of an ex-parte custody order.

Collected 2026-09-03T15:02:19Z. Source file · JSON

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