Last updated: 10/4/2023
Order Appointing Kinship Guardian {4A-511}
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Description
4A-511. Order appointing kinship guardian(s).STATE OF NEW MEXICOCOUNTY OF JUDICIAL DISTRICT, Petitioner(s)No. IN THE MATTER OF THE KINSHIP GUARDIANSHIP OF, (a) Child(ren), and concerning1, Respondent(s).ORDER APPOINTINGKINSHIP GUARDIAN(S)THIS MATTER came before the Court on the Petition To Appoint Kinship Guardian(s)for the minor child(ren). Petitioner(s) (name(s) ofPetitioner(s)) appeared pro se. Respondent 1, (name of Respondent 1), [ ]appeared pro se [ ] did not appear. Respondent 2, (name of Respondent2), [ ] appeared Pro Se [ ] did not appear. The Court having reviewed the petition, heardtestimony, and being sufficiently advised FINDS:1.The Court has jurisdiction under the Kinship Guardianship Act, Sections 40-10B-1 to -15 NMSA 1978.2.All necessary parties have been given adequate notice of the proceedings.3.The name and age of the minor child(ren) are as follows: Child220s nameAge4.Petitioner(s) is/are the minor child(ren)220s (relationship)and is/are proper person(s) to be Kinship Guardian(s) under the Kinship Guardianship Act.5.(Select all that apply)[ ]Respondent 1 is the minor child(ren)220s legal parent and[ ] consents to the appointment of Petitioner(s) as the guardian(s); American LegalNet, Inc. www.FormsWorkFlow.com or[ ] the minor child(ren) has/have resided with Petitioner(s) for at least ninety(90) days prior to filing the petition to appoint kinship guardian(s), and Respondent 1 was notresiding in the home and is unable or unwilling to provide appropriate care, maintenance, andsupervision for the minor child(ren).[ ]Respondent 2 is the minor child(ren)220s legal parent and[ ] consents to the appointment of Petitioner(s) as the guardian(s);or[ ] the minor child(ren) has/have resided with Petitioner(s) for at least ninety(90) days prior to filing the petition to appoint kinship guardian(s), and Respondent 2 was notresiding in the home and is unable or unwilling to provide appropriate care, maintenance, andsupervision for the minor child(ren).OR[ ]There are extraordinary circumstances in this matter as follows: 6.Petitioner(s) is/are providing appropriate care, maintenance, and supervision forthe minor child(ren).7.The Indian Child Welfare Act, 25 U.S.C. 247247 1901 to 1963,[ ]does not apply to this matter or[ ]does apply to this matter.8.The requirements of Section 40-10B-8(B) NMSA 1978 have been proven by clearand convincing evidence.9.It is in the minor child(ren)220s best interests that Petitioner(s) be appointed as theminor child(ren)220s kinship guardian(s).10.Other: WHEREFORE IT IS ORDERED: American LegalNet, Inc. www.FormsWorkFlow.com 1.Petitioner(s) is/are appointed as the kinship guardian(s) of the minor child(ren).2.The appointment of kinship guardianship shall remain in effect until the minorchild(ren) reach(es) the age of eighteen (18) or until further order of the court, whichever comesfirst.3.Under Section 40-10B-13(A) NMSA 1978, Petitioner(s) has/have the legal rightsand duties of a parent except the right to consent to the adoption of the minor child(ren).4.Respondents220 parental rights pertaining to the minor child(ren) are herebysuspended until further Order of the Court.5.Visitation shall be as follows:[ ]Pursuant to the Kinship Guardianship Act, NMSA 1978 24740-10B-13(B),visitation between the legal parents and the minor child(ren), or any other persons shall be at thediscretion of the guardian(s);or[ ] Visitation shall be as follows: 6.Child Support shall be as follows:[ ] No child support is ordered because Petitioner(s) waive a request for childsupport at this time, but reserve their right to request child support at a later time;or[ ] Child support is ordered as follows: 7.Other: District Court JudgeSignature of Petitioner 1 American LegalNet, Inc. www.FormsWorkFlow.com Printed NameAddressTelephone NumberSignature of Petitioner 2Printed NameAddressTelephone NumberUSE NOTE1.Insert the initials of each child listed in the Petition To Appoint KinshipGuardian(s).[Provisionally approved, effective August 15, 2003 until August 31, 2004; approved, effectiveJanuary 20, 2005; 4-988 recompiled and amended as 4A-511 by Supreme Court Order No. 16-8300-020, effective for all pleadings and papers filed on or after December 31, 2016.] American LegalNet, Inc. www.FormsWorkFlow.com