Can I file for custody from here?

[jason_a]

My ex girlfriend and I split up before our baby was born, here in NM.  I was able to see our daughter of and on over the next year, but when she was 11 months, my ex moved out of the state without telling me.  It has now been 7 months and I finally found out she is in MO.  I am not on the birth certificate and all child support paid so far was in cash.  I was trying to look up statutes on custody in NM but found the following:

40-10A-201  Initial child-custody jurisdiction.

     (a) Except as otherwise provided in Setion 204 [40-10A-204 NMSA 1978], a court of this state has jurisdiction to make an initial child-custody determination ony if:
         (1) this state is the home state of the child on the date of commencment of the proceeding, or was the home state ofthe child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;
         (2) a court of another state does not have jurisdiction under paragraph (1) or a court ofthe home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate frum under Section 207 or 208 [40-10A-207 or 40-10A-208 NMSA 1978] and:
              (A) the child and the child's parents, or the child and at least one parent or a person acing as a parent, have a significant connection with this state other than mere physical presence; and
              (B) substantial evidence is avaiable in this state concerning the child's care, protection, training and personal relationships;
          (3)  all courts having jurisdiction under paragraph (1) or (2) have decined to exercise jurisdiction on the ground that a court under Section 207 and 208 [40-10A-207 or 40-10A-208 NMSA 1978]; or
          (4)  no court f any other state would have jurisdiction under the criteria specified in paragraph (1), (2), and (3).
     (b) Subsection (a) is the exclusive jurisdictional basis for making a child-custody determination by a court of this state.
     (c)  Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination.

In case you needed the following, 40-10A-204 refers to Temporary Emergency Jurisdiction and removing a child from an abuse or neglect situation.  40-10A-207 and 40-10A-208, titled Inconvenient forum and Jurisdiction declined by reason ofconduct, seems to be about the court here declining jurisdiction.

My questions are as follow:

Do I have the ability to begin custody proceedings from NM?

I currently have no legal connection (medical records, child support payments, birth certficate, custody papers, etc.) to the child.  Will I need to file for paternity before undergoing custody issues?

If I am not able to file from NM, what will I need to do?

I have heard that NM is very father friendly and unless a mother has extremely good reasons for moving, she is not allowed to take the child with her.  (Ex. my friend remarried a man in the military.  He was transferred to FL and the courts did not see that as sufficient reason for my friend to move with her daughter).  Is it possible to make her move back to NM or at least have to return my daughter to the state?

To the best of my knwledge, she has a large family network in MO and cannot be proven unfit.  Are these factors?

[socrateaser]

>Do I have the ability to begin custody proceedings from NM?

You could file, but the NM court will almost certainly refuse to exercise jursidiction in favor of MO, now that more than 6 months have passed.


>I currently have no legal connection (medical records, child
>support payments, birth certficate, custody papers, etc.) to
>the child.  Will I need to file for paternity before
>undergoing custody issues?

Yes. You must petition to establish paternity and for custody and support.
>
>If I am not able to file from NM, what will I need to do?

Petition court in MO.

>
>I have heard that NM is very father friendly and unless a
>mother has extremely good reasons for moving, she is not
>allowed to take the child with her.  (Ex. my friend remarried
>a man in the military.  He was transferred to FL and the
>courts did not see that as sufficient reason for my friend to
>move with her daughter).  Is it possible to make her move back
>to NM or at least have to return my daughter to the state?

I fear you are too late.

>
>To the best of my knwledge, she has a large family network in
>MO and cannot be proven unfit.  Are these factors?

Probably.