SENATE BILL 355

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Antoinette Sedillo Lopez

 

 

 

 

 

AN ACT

RELATING TO DOMESTIC AFFAIRS; PROVIDING FOR THE APPOINTMENT OF A PARENTING COORDINATOR IN A PROCEEDING IN WHICH A CHILD CUSTODY ORDER IS ISSUED.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 40, Article 4 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] RESOLVING DISAGREEMENTS IN EXISTING CUSTODY ORDERS--APPOINTMENT OF PARENTING COORDINATOR.--

          A. In a proceeding in which the court has issued a custody order, the court may appoint a parenting coordinator upon the court's own motion or the motion of any party.

          B. The parenting coordinator may:

                (1) facilitate the parties in implementing an existing child custody order and mediate disagreements between the parties when the parties disagree as to the interpretation of a custody order or the best interest of the child; and

                (2) upon agreement of the parties, arbitrate disputes relating to the interpretation of an existing custody order; provided that when the parenting coordinator acts as an arbitrator, the parenting coordinator shall not arbitrate matters not conferred on the parenting coordinator pursuant to the appointing order. Unless the authority is expressly given to the parenting coordinator in the appointing order, the parenting coordinator shall not make decisions that alter the custody or primary residence of the child.

          C. An appointed parenting coordinator serves as an arm of the court and assists the court in discharging its duty to protect the best interests of the child.

          D. Expenses, costs and fees of the parenting coordinator may be allocated among the parties as determined by the court."

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