{"data":{"id":"us-nm/40-10d-2","jurisdiction":"us-nm","citation":"40-10D-2","heading":"Definitions.","body":"As used in the Deployed Parents Custody and Visitation Act:\nA. \"adult\" means an individual who has attained eighteen years of age or is an emancipated minor;\nB. \"caretaking authority\" means the right to live with and care for a child on a day-to-day basis. \"Caretaking authority\" includes physical custody, parenting time, right to access and visitation;\nC. \"child\" means:\n(1) an unemancipated individual who has not attained eighteen years of age; or\n(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;\nD. \"court\" 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;\nE. \"custodial responsibility\" includes all powers and duties relating to caretaking authority and decision-making authority for a child. \"Custodial responsibility\" includes physical custody, legal custody, parenting time, right to access, visitation and authority to grant limited contact with a child;\nF. \"decision-making authority\" 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. \"Decision-making authority\" does not include the power to make decisions that necessarily accompany a grant of caretaking authority;\nG. \"deploying parent\" means a service member who is deployed or has been notified of impending deployment and is:\n(1) a parent of a child under law of this state other than the Deployed Parents Custody and Visitation Act; or\n(2) an individual who has custodial responsibility for a child under law of this state other than the Deployed Parents Custody and Visitation Act;\nH. \"deployment\" 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:\n(1) are designated as unaccompanied;\n(2) do not authorize dependent travel; or\n(3) otherwise do not permit the movement of family members to the location to which the service member is deployed;\nI. \"family member\" 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;\nJ. \"limited contact\" means the authority of a nonparent to visit a child for a limited time. \"Limited contact\" includes authority to take the child to a place other than the residence of the child;\nK. \"nonparent\" means an individual other than a deploying parent or other parent;\nL. \"other parent\" means an individual who, in common with a deploying parent, is:\n(1) a parent of a child under law of this state other than the Deployed Parents Custody and Visitation Act; or\n(2) an individual who has custodial responsibility for a child under law of this state other than the Deployed Parents Custody and Visitation Act;\nM. \"record\" 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;\nN. \"return from deployment\" means the conclusion of a service member's deployment as specified in uniformed service orders;\nO. \"service member\" means a member of a uniformed service;\nP. \"sign\" means with present intent to authenticate or adopt a record to:\n(1) execute or adopt a tangible symbol; or\n(2) attach to or logically associate with the record an electronic symbol, sound or process;\nQ. \"state\" 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\nR. \"uniformed service\" means:\n(1) active and reserve components of the army, navy, air force, space force, marine corps or coast guard of the United States;\n(2) the United States merchant marine;\n(3) the commissioned corps of the United States public health service;\n(4) the commissioned corps of the national oceanic and atmospheric administration of the United States; or\n(5) the national guard of a state.","path":["Chapter 40 - Domestic Affairs","ARTICLE 10D Deployed Parents Custody and Visitation"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18540/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"e6980d51c9002760152f67b11e9579db07a7a896e0edd4ab0c23770fe1bbd32d","source_id":"us-nm","stale":false,"prev":"us-nm/40-10d-1","next":"us-nm/40-10d-3"},"notice":"GroundRules: Original legal text. Not legal advice."}