Dom. Rel. Forms. 4A-509

As amended through August 23, 2024

Rule 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	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).

Dom. Rel. Forms. 4A-509

Provisionally approved, effective 8/15/2003 until8/31/2004; approved, effective 1/20/2005; 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 after12/31/2016; as amended by Supreme Court Order No. 22-8300-020, effective for all pleadings and papers filed on or after December 31, 2022.

ANNOTATIONS The 2016 amendment, approved by Supreme Court Order No. 16-8300-020, effective December 31, 2016, rewrote the form and Use Note. Recompilations. - Pursuant to Supreme Court Order No. 16-8300-020, former 4-984 NMRA was recompiled and amended as 4A-509 NMRA, effective for all pleadings and papers filed on or after December 31, 2016.