AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• Petitioner Janet McHard was denied visitation rights to a child by the Second Judicial District Court. The appeal concerns the summary termination of her visitation rights without notice or a hearing (para 1).

Procedural History

• District Court of Bernalillo County: Denied visitation rights to Petitioner Janet McHard.

Parties' Submissions

• Petitioner-Appellant: Argued that the district court’s summary termination of her right to visitation with the child without notice or a hearing denied her due process (para 1).
• Respondent/Cross-Petitioner-Appellee and Respondent/Cross-Respondent-Appellee: [Not applicable or not found]

Legal Issues

• Whether the district court’s summary termination of Petitioner’s visitation rights without notice or a hearing constituted a denial of due process.

Disposition

• The appeal was dismissed for mootness due to the child reaching the age of majority, rendering the issue non-justiciable (para 6).

Reasons

• The Court, consisting of Judge Jane B. Yohalem, Judge Kristina Bogardus, and Judge Michael D. Bustamante (retired, sitting by designation), found the appeal to be moot because the child involved would turn eighteen on February 6, 2023, reaching the age of majority in New Mexico. At this age, the child is free to make personal decisions regarding visitation, eliminating the court's jurisdiction to enforce visitation rights. The Court had previously issued a notice of intent to dismiss the appeal as moot and directed the parties to file any objections. The Petitioner did not object to the dismissal for mootness, and no response was received from either Respondent. Consequently, the Court dismissed the appeal for mootness in the absence of any objection from the parties (paras 1-6).