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N.M. Ct. R. Form 4-981
New Mexico Rules
State
Court Rules
Civil
Forms
Article
9. Statutory Proceedings
Form
4-981. Petition for Order Appointing Kinship Guardian
[Simplified
petition, Kinship Guardianship Act, Sections
40-10B-1 to 40-10B-14 NMSA 1978 [FN1]
______________ JUDICIAL DISTRICT COURT
COUNTY
OF _______________________________________________
STATE
OF NEW MEXICO
_________________________________________________________
Petitioner
[FN2]
v. No.
__________
_______________ and
_____________________________________
Respondents
[FN3]
IN
THE MATTER OF THE KINSHIP GUARDIANSHIP OF __________, born __________
[FN4]
PETITION FOR ORDER APPOINTING KINSHIP GUARDIAN
[FN5]
1. INFORMATION ABOUT THE PETITIONERS (the persons filing this petition
requesting to be appointed
to serve as a kinship guardian.)
A. The [petitioner is] [petitioners
are] the child's [FN2]:
[ ] maternal
[grandparents] [grandparent] (child's mother's parents);
[ ] paternal
[grandparents] [grandparent] (child's father's parents);
[ ] aunt;
[ ] uncle;
[ ] brother;
[ ] sister;
[ ] a family member:
____________________
(describe the family relationship);
[ ] an
adult with whom the child has a significant bond:
_________________________________________________________________
(describe
the relationship)
B. The petitioner or petitioners
reside at:
________________________________________
(street address)
________________________________________
(city, state, zip code)
________________________________________
(telephone number)
________________________________________
(fax number, if any)
C. Venue is proper because the
child or children reside in this county or
this
county is the legal residence of the child or children.
(check applicable alternative)
D. [ ] The above named
child has lived with the petitioner or
petitioners
for ninety (90) or more days immediately preceding
the
filing of this petition.
[ ] Each
respondent has consented to the appointment of kinship
guardians.
The consent forms are attached to this petition.
[FN6]
E. The petitioner or petitioners
accept the duties and responsibilities of
guardianship, including
providing for the care, maintenance and
supervision
of the child.
F. The above child is not an Indian
child and is not subject to provisions
of
the federal Indian Child Welfare Act. [FN5]
2.
REQUEST FOR COURT TO NAME PETITIONERS AS KINSHIP GUARDIANS OF A
MINOR CHILD
The petitioners request the court to
enter an order appointing the
[ petitioner] [petitioners]
as [guardian] [guardians] of the following
child of __________ [FN7]
(father) and __________ [FN7] (mother), who are
the respondents in this
case: (List the name and the date of birth of the
child and each address of
the child for the last five (5) years. Use a
separate sheet if necessary.)
[FN8]
Name: _________________________________________________________________
(last
name, first and middle)
Date of birth:
________________________________________________________
Place of birth:
_______________________________________________________
Present address:
________________________________________
(street)
________________________________________
(city)
________________________________________
(state and zip code)
Next previous
address:
________________________________________
(street)
________________________________________
(city)
________________________________________
(state and zip code)
Next previous
address:
________________________________________
(street)
________________________________________
(city)
________________________________________
(state and zip code)
3.
INFORMATION ABOUT THE CHILD'S PARENTS
A. Information about mother:
(Check each
applicable statement.)
[ ] ____________________
(mother's name) is the mother of the child.
Her
current address is ____________________ (city, county and
state
and zip code.)
[ ] The
mother is living and has consented in writing [FN9] to [my]
[our]
appointment as kinship guardian. (Attach consent form
signed
by child's mother.)
[ ] The
mother is deceased. (Attach death certificate to this
petition.)
[ ] The
mother is living but her parental rights have been terminated
by
an earlier court order. (Attach a copy of the court order to
this
petition.)
B. Information about father:
(Check each
applicable statement.)
[ ] ____________________
(father's name) is the father of the child.
His
current address is ____________________ (city, county and
state
and zip code.)
[ ] The
father is living and has consented in writing [FN6] to [my]
[our]
appointment as kinship guardian. (Attach consent form
signed
by child's father.)
[ ] The
father is deceased. (Attach death certificate to this
petition.)
[ ] The
father is living but his parental rights have been terminated
by
an earlier court order. (Attach a copy of the court order to
this
petition.)
[ ] Although
the petitioner believes ____________________ (name of
alleged
father) to be the father of the child, he has not
acknowledged
that he is child's father.
[ ] The
name of the father of the child is not known by the
petitioners
because: (explain) ____________________.
4.
INFORMATION ABOUT OTHER CASES (complete if applicable)
A. The following divorce,
separation, order of protection, child support,
paternity,
abuse or neglect [FN10] cases have been previously filed
involving
the above parents:
(complete
if known)
Type of
Case Year Filed Case
Number
Where
Filed
_________________
________________ ________________
_________________
________________ ________________
_________________
________________ ________________
_________________
________________ ________________
B. (Complete if applicable.)
The following persons, other than the
petitioner
or petitioners or the parents of the [child] [children],
have
or claim to have custody of the [child] [children] or
visitation
rights to the [child] [children]
(List
names of each guardian, custodian or person with visitation
rights
and circle applicable claim.)
______________________________
(name) [guardian]
[custody]
[visitation]
______________________________
(name) [guardian]
[custody]
[visitation]
______________________________
(name) [custody]
[visitation]
5.
CHILD OVER FOURTEEN (14) YEARS OF AGE OR MARRIED
(Complete if applicable)
____________________ (name of child)
was born on ____________________ (date
of birth) and at the time
of the hearing on this petition will be at
least fourteen (14) years
of age.
____________________ (name of child):
(Check if applicable)
[ ] has signed an affidavit nominating
__________ (name of person
nominated)
to be appointed as guardian. A copy of the signed
nomination
is attached and made a part of this petition. [FN11]
[ ] has been served with a copy
of this petition and a copy of the
nominating
petition, but has failed or refused to sign the
nomination
form.
[ ] is married
[ ] is not married
6.
CHILD SUPPORT
(Check applicable alternative)
[ ] [I] [We] request that the
court enter a child support order ordering
__________
(name of parent or parents) to pay child support [FN12].
[ ] [I] [We] do not request child
support.
STATE OF NEW MEXICO )
)
ss
COUNTY
OF ____________ )
The
[petitioner was sworn and states] [petitioners were sworn and state]:
[I] [We] have read this petition and it is true to the best
of [my] [our] knowledge and belief. [I] [We] understand that [I]
[We] can be punished both civilly and criminally if any information in
this petition is false.
____________________
___________________________________
Date
Signature
of Petitioner
____________________
___________________________________
Date
Signature
of Petitioner
Signed
and sworn before me on this ___ day of __________, ___.
Notary public
______________________________
My commission expires: ____________________.
USE NOTES
[FN1] Civil Forms 4-981
to 4-992 NMRA may be used in the district courts of this
State by persons who are representing themselves in uncontested kinship
guardianship proceedings. Civil Forms 4-981 to 4-991 NMRA are not
required to be used. Parties represented by an attorney may use
other forms that serve the same purpose.
[FN2] The petitioner must
be a spouse, parent, stepparent, godparent, brother, sister, stepbrother,
stepsister, half-brother, half-sister, uncle, aunt, niece, nephew, first
cousin or any person denoted by the prefix "grand" or "great",
the spouse or former spouse of the child or an adult with whom the child
as a significant bond. See Section 40-10B-5 NMSA 1978 for persons
who may file as a petitioner pursuant to the Kinship Guardianship Act.
[FN3] Unless the child's
parent is deceased or the parent's parental rights have been terminated,
the parent must be joined as a respondent. This petition must be
served on each parent of the child in the manner provided by Rule 1- 004
NMRA for personal service to Rule 1-004 NMRA, unless:
(a) a consent form has been signed by the parent;
(b) the parent is
deceased and a death certificate is attached to this petition at the time
it is filed;
(c) the parent's rights as a parent have been terminated by a court order
and a copy of the order is attached to this petition at the time it is
filed.
Civil Form 4-982, "Kinship Guardianship Summons" has been provided
for use with this petition.
[FN4] Insert the name
or the initials of the minor child and the child's birthdate. This
form may be modified to include additional minor children. The name of
a child shall not be made available to the public on the internet.
[FN5] This form cannot
be used without revision if the child is an Indian child. In these
cases the form of the petition and the manner of notice must comply with
federal law. The Indian Child Welfare Act, 25 USC Section 1901 et
seq., defines "Indian child" as follows:
"'Indian child' means any unmarried person who is
under age eighteen and is either (a) a member of an Indian tribe or (b)
is eligible for membership in an Indian tribe and is the biological child
of a member of an Indian tribe."
25 U.S.C. Section
1903(4). If the child is enrolled or is eligible for enrollment
in an Indian tribe, the form of the petition and the manner of the notice
must comply with federal law. The parent or Indian custodian of
an Indian child may have the right to have the child returned upon demand
as may be determined by tribal law or custom.
[FN6] See Forms 4-985
or Form 4-986 NMRA for parental consent forms.
[FN7] If the parent is
deceased insert "deceased" instead of address and check the
"deceased" box. A copy of the death certificate must be
attached to this Petition.
[FN8] Section 40-10-10
NMSA 1978 of the Uniform Child-Custody Jurisdiction Enforcement Act requires
the first pleading of every custody action to give information under oath
as to the child's present address, the places where the child has lived
within the last 5 years and the names and present addresses of the persons
with whom the child has lived during that period.
[FN9]
Attach a copy of each parent's Verified Parental Consent to Appointment
of Guardian and Waiver of Service of Process to this petition. See
Civil Forms 4-985 and 4-986 NMRA.
[FN10] If an abuse or
neglect or other proceeding has been filed by the Children, Youth and
Families Department, that department must file a consent to the appointment
of petitioners as Kinship Guardians. Attach a copy of such consent
to this petition.
[FN11] If the child is
fourteen (14) years of age or older, the child must be served with a copy
of this Petition or a copy of the Nomination of Guardian Form, Civil Form
4-983 NMRA, must be attached to this Petition at the time it is filed.
[FN12] The child's mother
may be ordered to pay child support. The respondent
named as the child's father may be ordered to pay child support if the
respondent father has admitted paternity or paternity has been established
by another proceeding. See Civil Forms 4A-331 and 4A-332 NMRA for
a petition to establish paternity and a final decree of paternity.
N.M. Ct. R. 10-305
New Mexico Rules
State
Court Rules
Children's
Court Rules and Forms
Article
3. Abuse and Neglect Proceedings
Rule
10-305. Filing of Petition; Amendment of Petition; Appointment of Guardian
Ad Litem
A. Form and Contents. Petitions or amended petitions alleging
abuse or neglect shall be in a form approved by the Supreme Court.
B.
Time Limits. If a child is taken into custody, a petition alleging
abuse or neglect shall be filed by the department within two (2) days
from the date that the child is taken into emergency custody by the department.
If a petition is not filed within the time set forth in this paragraph,
the child shall be released to the child's parents, guardian or custodian.
C.
Service. A petition alleging abuse or neglect shall be served
as provided by Rule 10-104 of these rules. A copy of the petition
shall also be served on a parent who has not been made a party with a
notice that the parent may intervene and request custody of the child.
D.
Appointment of Guardian Ad Litem. Upon the filing of
a petition in an abuse or neglect proceeding, a guardian ad litem
shall be appointed by the court to represent the child.
E.
Notice to Indian Tribes. If the alleged abused or neglected
child is enrolled or eligible for enrollment in an Indian tribe, the Children,
Youth and Families Department shall give notice of the filing of the petition
to the child's Indian tribe. The form and manner of the notice shall
comply with the provisions of the federal Indian Child Welfare Act of
1978.
F.
Amended Petitions. The department may file an amended petition
alleging abuse or neglect:
(1)
once as a matter of course at any time within twenty (20) days after it
is served; or
(2) upon leave
of court.
N.M.
Ct. R. Form 10-470
New
Mexico Rules
State
Court Rules
Children's
Court Rules and Forms
Article
4. Children's Court Forms
Form
10-470. Motion for Termination of Parental Rights
[10-330]
STATE
OF NEW MEXICO
__________
COUNTY No.
____________________
__________
JUDICIAL DISTRICT
IN
THE CHILDREN'S COURT
_________________________________________________,
Petitioner
v.
_________________________________________________,
Respondent.
MOTION
FOR TERMINATION OF PARENTAL RIGHTS
I, _______________ (name of petitioner) state that:
1. The petitioner is the [department] _______________________________________
(set forth the relationship
of the moving party to the child)1; and
2. The [respondent is] [respondents are] the [father] [and]
[mother] of the
following children
who reside in this state:
Name Date
of birth
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
3. If anyone other than the parties to this proceeding has
either physical
custody or claims to have custody
or visitation rights of a child listed
above, complete the
following for each child:
Child's name Person
claiming rights
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
___________________________________
_____________________________________
(use applicable alternative)
4. [The child is not subject to the Indian Child Welfare Act;]2
[The child is subject to the federal
Indian Child Welfare Act of 1978.
(a) The child's father is
a member of _______________ (tribal
affiliation)
The
child's mother is a member of _______________ (tribal
affiliation)
(b) The [department] [moving
party] has taken the following actions to
notify
the parents' tribes:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
(set
forth the actions taken, the names, address, titles and
telephone
numbers of the persons contacted)
The
results of the contacts are as follows:
_____________________________________________________________________
_____________________________________________________________________
The
following correspondence with the tribes is attached as exhibits:
___________________________________________________________________
_______________
(Attach copies of any correspondence with the
tribes
as exhibits to the petition);]
(c) The following specific
efforts were made to comply with the placement
preferences
set forth in the federal Indian Child Welfare Act of
1978
or the placement preferences of the appropriate Indian tribes:
___________________________________________________________________
____________________.]3
5. [A New Mexico court, a tribal court or a court in another
state has
previously set conditions
of child custody or child support for any or
all of the children
listed above in _______________ (style of case and
docket number).]4
6. As grounds for termination of the parental rights of respondent,
the
[petitioner] [moving
party] states:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
7. The facts and circumstances supporting the grounds for
termination are as
follows:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
8. The following persons or agencies should be considered
by the court to
take custody of the
respondent's children:
__________________________________________________________________________
__________________________________________________________________________
9. __________ (name of child) resides or has resided with
__________, a
foster parent, who
[desires]5 [does not desire] to adopt this child;
10. [This motion has been filed by the [petitioner] [moving party]
in
contemplation of adoption
proceedings.]
[Adoption of __________ (name
of child) is not contemplated at this time;]
11. It is in the best interest of __________ (name of child) that
the parental
rights of __________
be terminated.
WHEREFORE, [petitioner] [the moving party] requests the court:
1. For
termination of respondent's parental rights and continuing the child
in the legal custody
of the department until the child is adopted or
until further order
of the court;
2. For such other relief as appropriate.
VERIFICATION
STATE OF NEW MEXICO )
COUNTY
OF ____________________ ) ss
TRIBE
OR PUEBLO ______________ )
I have read and understand the contents
of this petition and the statements
made are true and correct to the best of my information
and belief.
I understand that I can be punished
both civilly and criminally if
statements I have made in this petition are false.
____________________________________
_________________________________________
Date
Signature
of petitioner or
moving
party
_________________________________________
Petitioner's
or moving party's
street
address
_________________________________________
Petitioner's
or moving party's
City,
state and zip code
Signed and sworn before me on this _____
day of __________, _____.
____________________________________ My
commission expires:
Notary
Public ____________________________________
USE
NOTES
1.
Section 32A-4-29 NMSA 1978 permits a motion to terminate to be filed by
the department, a licensed child placement agent of any other person having
a legitimate interest in the matter. Rule 10-330 requires the person
to be a party.
2. If the child is not subject to the Indian Child Welfare Act, this paragraph
must be included. If the child is subject to that act, this paragraph
may be deleted.
3. If the child is subject to the Indian Child Welfare Act, 25 U.S.C.
Section 1901, et seq., the petition must include the following:
(a) the tribal affiliations of the child's parents;
(b) the specific actions taken by the moving party to notify the parents'
tribes and the results of the contacts, including the names, addresses,
titles and telephone numbers of the persons contacted. Copies of
any correspondence with the tribes shall be attached as exhibits to the
petition; and
(c) what specific efforts were made to comply with the placement preferences
set forth in the federal Indian Child Welfare Act of 1978 or the placement
preferences of the appropriate Indian tribes.
4. If the child is subject to the Indian Child Welfare Act, this paragraph
must be completed. If the child is not subject to that act, this
paragraph may be deleted.
5. Use only applicable
alternative. Inapplicable alternatives may be deleted.
N.M.
Ct. R. 11-901
New
Mexico Rules
State
Court Rules
Rules
of Evidence
Article
9. Authentication and Identification
Rule
11-901. Requirement of Authentication or Identification
A. General Provision. The requirement of authentication or
identification as a condition precedent to admissibility is satisfied
by evidence sufficient to support a finding that the matter in question
is what its proponent claims.
B.
Illustrations. By way of illustration only, and not by way of
limitation, the following are examples of authentication or identification
conforming with the requirements of this rule:
(1) Testimony
of Witness With Knowledge. Testimony that a matter is what it
is claimed to be.
(2)
Nonexpert Opinion on Handwriting. Nonexpert opinion as to
the genuineness of handwriting, based upon familiarity not acquired for
purposes of the litigation.
(3) Comparison
by Trier or Expert Witness. Comparison by the trier of fact
or by expert witnesses with specimens which have been authenticated.
(4) Distinctive
Characteristics and the Like. Appearance, contents, substance,
internal patterns or other distinctive characteristics, taken in conjunction
with circumstances.
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