N.M. R. Child. Ct. 10-503

As amended through August 23, 2024

Rule 10-503 - Motion for ex parte custody order

[For use with Rule 10-311 NMRA]

STATE OF NEW MEXICO

COUNTY OF _______________

__________________ JUDICIAL DISTRICT

IN THE CHILDREN'S COURT

STATE OF NEW MEXICO ex rel.

CHILDREN, YOUTH AND FAMILIES DEPARTMENT

No. __________

In the Matter of

_______________________________ , (a) Child(ren), and Concerning

_______________________________ , Respondent(s).

MOTION FOR EX PARTE CUSTODY ORDER

Petitioner respectfully requests that the Court issue an ex parte custody order based on the affidavit for ex parte custody order, which is attached and made part of this motion. In support of this motion, Petitioner states as follows:

1. The facts stated in the affidavit establish probable cause to believe _____________ (name(s) of child(ren)) has/have been [abused] [and] [neglected], that custody under the criteria set forth in Section 32A-4-18 NMSA 1978 is necessary, and that it would be contrary to the welfare of the child(ren) to remain in the home.

2. The Children, Youth and Families Department (CYFD) has made reasonable efforts to prevent the removal of the child(ren) from the home.

3. It is necessary for the protection and in the best interests of the child(ren) that he/she/they either be placed in the custody of CYFD, or remain in the custody of CYFD pending further order of the Court.

________________________________

Children's Court Attorney

________________________________

Address

________________________________

Telephone number

[Approved, effective August 1, 1998; 10-450 recompiled and amended as 10-503 by Supreme Court Order No. 14-8300-009, effective for all cases filed or pending on or after December 31, 2014.]

N.M. R. Child. Ct. 10-503

ANNOTATIONS The 2014 amendment, approved by Supreme Court Order No. 14-8300-009, effective December 31, 2014, replaced the former language of the form; provided allegations in support of the motion; deleted the former caption of the case and added the current caption; deleted the former language of the motion which provided the petitioner requested an ex parte custody order based on the affidavit attached to the motion; and added the current language of the form. Recompilations. - Pursuant to Supreme Court Order No. 14-8300-009, former Form 10-450 NMRA was recompiled and amended as Form 10-503 NMRA, effective December 31, 2014.