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§ 32A-4-16 NMSA 1978

Ex-parte custody orders

Known as the Abuse and Neglect Act

The act spans §§ 32–32 (43 sections).

Applied in 2 court decisions — leading case Joseph A. ex rel. Corrine Wolfe v. Ingram (2002)

Most recently applied in Joseph A. ex rel. Corrine Wolfe v. Ingram (January 2002)

1978 Comp., § 32A-4-16, enacted by Laws 1993, ch. 77, § 110.

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.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.