Petition To Appoint Kinship Guardianship {4A-501}

4A-501. Petition to appoint kinship guardians.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).PETITION TO APPOINT KINSHIP GUARDIAN(S)2Petitioner(s), , request(s) the Court to grant an Order3Appointing Kinship Guardian(s) of the minor child(ren), .The Court has jurisdiction of the parties and the subject matter of the cause of action.A.INFORMATION ABOUT THE PETITIONER(S)31.Petitioner #1 Name and address:2.Petitioner #2 Name and address:3.Petitioner(s) are currently providing adequate care, maintenance, and supervisionfor (names of minorchild(ren)).B.INFORMATION ABOUT THE CHILD(REN)41.Child220s Name American LegalNet, Inc. www.FormsWorkFlow.com a.Addressb.Place and year of birthCityStateYear of birthc.Are Petitioner(s) related to the child? Yes Nod.If yes, what is the relationship? If no, describe Petitioner(s)220s connection with the child.e.Is the child fourteen (14) years of age or older? Yes NoIf yes, has the child stated that he/she wants the named Petitioner(s) as theguardian(s)? Yes No5f.Is the child a Native American child? Yes No6If yes, what tribe is the child enrolled with or eligible to be enrolled with?Have you contacted/informed the tribe of this Petition? Yes NoIf yes, who did you contact and how did you make contact?Tribal contact information (address and phone number):2.Child220s Namea.Addressb.Place and year of birthCityStateYear of birth American LegalNet, Inc. www.FormsWorkFlow.com c.Are Petitioner(s) related to the child? Yes Nod.If yes, what is the relationship?If no, describe Petitioner(s)220s connection with the child.e.Is the child fourteen (14) years of age or older? Yes NoIf yes, has the child stated that he/she wants the named Petitioner(s) as theguardian(s)? Yes No5f.Is the child a Native American child? Yes No6If yes, what tribe is the child enrolled with or eligible to be enrolled with?Have you contacted/informed the tribe of this Petition? Yes NoIf yes, who did you contact and how did you make contact?Tribal contact information (address and phone number):C.INFORMATION ABOUT CHILD220S PARENTS (RESPONDENTS)71.Respondent #1a. (name of Respondent-parent) is the parentof .b.This Respondent-parent is alive deceased (if deceased,provide proof of death)c.If alive, list address (include physical street address, city, state, and zipcode):.d.Upon information and belief, (complete only one choice below) American LegalNet, Inc. www.FormsWorkFlow.com i.Respondent-parent (name)consents to the appointment of Petitioner(s) as KinshipGuardian(s).8Orii.This legal parent is unable or unwilling to provide adequate care,maintenance, and supervision for the minor child(ren) named inthis petition (explain why you think this parent is unable orunwilling to provide care):2.Respondent #2a. (name of Respondent-parent) is the parentof .b.This Respondent-parent is alive deceased (if deceased,provide proof of death)c.If alive, list address (include physical street address, city, state, and zipcode):.d.Upon information and belief, (complete only one choice below)i.Respondent-parent (name)consents to the appointment of Petitioner(s) as KinshipGuardian(s).8Orii.This legal parent is unable or unwilling to provide adequate care,maintenance, and supervision for the minor child(ren) named inthis petition (explain why you think this parent is unable orunwilling to provide care): American LegalNet, Inc. www.FormsWorkFlow.com D.FACTS REGARDING REQUEST FOR GUARDIANSHIP1.Consent to Guardianshipa.Does Respondent #1 consent to the guardianship? Yes NoIf no, has the child(ren) lived with Petitioner(s) without Respondent #1 inthe home for ninety (90) days immediately prior to filing this petition? Yes Nob.Does Respondent #2 consent to the guardianship? Yes NoIf no, has the child(ren) lived with Petitioner(s) without Respondent #2 inthe home for 90 days immediately prior to filing this petition? Yes No2.Describe how the child came to reside with you and why you want guardianship.3.If a Respondent-parent is willing and able to parent the child(ren), are thereextraordinary circumstances that justify granting the guardianship?9 Yes (please explain) No E.OTHER INFORMATION1.Are there any other court cases involving these children? Yes No If yes, please provide:Case Number Type of case 2.Is there current Children, Youth, and Families Department (CYFD) involvement? Yes Noa.If yes, what is the contact information for the CYFD case worker? American LegalNet, Inc. www.FormsWorkFlow.com b.If yes, does CYFD consent to this guardianship? Yes No Don220t know (please explain): 3.Is there a CYFD court case filed? Yes No (If the children are in thecustody of CYFD there is a CYFD court case filed)4.Do any other person(s) have or claim to have court ordered custody of thechild(ren)? Yes No10If yes, the name(s) and address(es) are:5.Do any other person(s) have court ordered visitation with the child(ren)?10 Yes NoIf yes, the name(s) and address(es) are:6.Petitioner(s) are requesting child support from Respondents.11 Yes No7.Petitioners accept the duties and responsibilities of guardianship, includingproviding for the care, maintenance, and supervision of the child(ren).8.No guardian of the child(ren) is currently appointed pursuant to a provision of theUniform Probate Code, NMSA 1978, Section 45-1-101.9.It is in the best interests of the child(ren) that the Petitioner(s) be appointed askinship guardian(s).WHEREFORE, Petitioner(s) respectfully request(s) an Order Appointing KinshipGuardian(s) of the minor child(ren).VERIFICATIONPetitioner #1:I, , the Petitioner, affirm under penalty of perjury under the laws ofthe State of New Mexico that I am the Petitioner in the above-entitled cause; that I have read thePetition to Appoint Kinship Guardian(s); and that the contents of the petition are true and correct American LegalNet, Inc. www.FormsWorkFlow.com to the best of my information and belief. DateSignature of Petitioner #1Petitioner #2:I, , the Petitioner, affirm under penalty of perjury under the laws ofthe State of New Mexico that I am the Petitioner in the above-entitled cause; that I have read thePetition to Appoint Kinship Guardian(s); and that the contents of the petition are true and correctto the best of my information and belief.DateSignature of Petitioner #2USE NOTE1.Enter the initials of each child. Each child should be listed in the petition underSection A.2.Forms 4A-501 to 4A-513 NMRA are required to be used by persons representingthemselves in kinship guardianship proceedings. Parties represented by an attorney may use otherforms that serve the same purpose.3.A petitioner must be an adult with whom the child has a significant bond. SeeNMSA 1978, Section 40-10B-5 for persons who may file as a petitioner under the KinshipGuardianship Act.4.Fill out Section B for each child you are seeking guardianship over. If you areapplying for guardianship of more than two children, repeat the sections as necessary for eachchild.5.Any minor child fourteen (14) years of age or older must be served with a copy ofthis petition. If a child is fourteen (14) years of age or older and does not want the petitioner(s) tobe the child220s guardian, the Court will not appoint the petitioner(s). See NMSA 1978, 24740-10B-11(B). If the child is fourteen (14) years of age or older and consents to the petitioner(s)as guardian(s), please use the Nomination of Kinship Guardian Form, Form 4A-506 NMRA.6.The Indian Child Welfare Act defines 215Indian child216 as 215any unmarried personwho is under age eighteen and is either (a) a member of an Indian tribe or (b) is eligible formembership in an Indian tribe and is the biological child of a member of an Indian tribe.216 See 25U.S.C. 247 1903(4).7.If there are more than two parents for the children involved, repeat theinformation for each additional parent. Unless the child220s parent is deceased or the parent220s American LegalNet, Inc. www.FormsWorkFlow.com parental rights have been terminated, use Form 4-206 NMRA for service of process on eachparent named in the petition unless (a) the parent has waived service in writing; (b) the parent isde