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Rule Set 4A - Domestic Relations Forms - cited by 271 documents

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4A-509. Motion to appoint temporary kinship guardian(s).

STATE OF NEW MEXICO

COUNTY OF ______________________

________________ JUDICIAL DISTRICT

______________________________, Petitioner(s)

 

No. _________

IN THE MATTER OF THE KINSHIP GUARDIANSHIP OF

____________________________,1 (a) Child(ren) (use initials only), and concerning

____________________________, Respondent(s).

MOTION TO APPOINT

TEMPORARY KINSHIP GUARDIAN(S)2

Petitioner(s), _____________________, (name of Petitioner(s)), move(s) the court to grant this Motion to Appoint Temporary Kinship Guardian for the minor child(ren) under the Kinship Guardianship Act. In support of the motion, Petitioner(s) state(s) as follows:

1.   A Petition to Appoint Kinship Guardian(s) has been filed in this court under the Kinship Guardianship Act for the following child(ren):

Child’s name

Birth year

Age

___________________________

________

______

___________________________

________

______

___________________________

________

______

2.   Petitioner(s) incorporate(s) all of the allegations contained in the Petition to Appoint Kinship Guardian(s).

3.   Petitioner(s) request(s) appointment of a temporary guardian(s) because (explain why a temporary guardianship is requested before a final hearing is held on the Petition):

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

_____________________________________________________________________.

4.   It is in the child(ren)’s best interests that Petitioner(s) be appointed the child(ren)’s temporary guardian(s) until a hearing on the Petition to Appoint Kinship Guardian(s) is heard.

WHEREFORE, Petitioner(s) request(s) that the court appoint Petitioner(s) as Temporary Kinship Guardian(s) of the minor child(ren).

Submitted by,

 

_______________________________

Signature

 

_______________________________

Printed Name

 

_______________________________

 

_______________________________

Address

 

________________________________

Phone number and email address

 

VERIFICATION

Petitioner #1:

I, ________________, Petitioner, affirm under penalty of perjury under the laws of the State of New Mexico that I am the Petitioner in the above entitled cause; that I have read the Petition to Appoint Temporary Kinship Guardian(s); and that the contents of the petition are true and correct to the best of my information and belief.

_____________________

___________________________________

Date

Signature of Petitioner #1

Petitioner #2:

I, ________________, Petitioner, affirm under penalty of perjury under the laws of the State of New Mexico that I am the Petitioner in the above entitled cause; that I have read the Petition to Appoint Temporary Kinship Guardian(s); and that the contents of the petition are true and correct to the best of my information and belief.

_____________________

___________________________________

Date

Signature of Petitioner #2

VERIFICATION OF SERVICE3

I affirm under penalty of perjury under the laws of the State of New Mexico that on _____________ (date), I (check the applicable item below and fill in all information)

[ ]         mailed a copy of this motion by United States mail, postage prepaid, to:

Name: __________________________________________________________

Mailing address: ___________________________________________________

City, state, and zip code: ____________________________________________;

[ ]         delivered a copy of this motion to ________________________ (the other party or the other party’s attorney); or

[ ]         emailed a copy of this motion to _____________________ (the other party or the other party’s attorney) using the following email address: ___________________. The time and date of the email was _______ (a.m.) (p.m.) on _______________ (date).

 

_______________________________

Signature of person who made service

 

_______________________________

Date of signature

USE NOTES

1.   Insert the initials of each child listed in the Petition to Appoint Kinship Guardian.

2.   This motion may be filed at the same time as, or at anytime after, the Petition to Appoint Kinship Guardian is filed.

3.   All respondents must be served with this motion unless the respondent(s) has/have signed a Parental Consent to Appointment of Guardian and Waiver of Service of Process, Form 4A-505 NMRA. The Children, Youth and Families Department must be served with a copy of this motion if it has custody of the minor child(ren).

[Provisionally approved, effective August 15, 2003 until August 31, 2004; approved, effective January 20, 2005; 4-984 recompiled and amended as 4A-509 by Supreme Court Order No. 16-8300-020, effective for all pleadings and papers filed on or after December 31, 2016; as amended by Supreme Court Order No. 22-8300-020, effective for all pleadings and papers filed on or after December 31, 2022.]

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