Dom. Rel. Forms. 4A-511

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As amended through November 1, 2024

Rule 4A-511 - [Effective 12/31/2024] Order appointing kinship guardian(s)

STATE OF NEW MEXICO

COUNTY OF _______________

________________ JUDICIAL DISTRICT

_______________________________, Petitioner(s)

No. __________

IN THE MATTER OF THE KINSHIP GUARDIANSHIP OF

____________________________ , (a) Child(ren) (use initials only), and concerning ____________________________, Respondent #1, ____________________________, Respondent #2.

Insert the initials of each child listed in the Petition to Appoint Kinship Guardian(s).

ORDER APPOINTING KINSHIP GUARDIAN(S)

THIS MATTER came before the court on the Petition to Appoint Kinship Guardian(s) for the minor child(ren). Petitioner(s) ________________________________ (name(s) of Petitioner(s)) appeared pro se. Respondent #1, __________________ (name of Respondent #1), [] appeared pro se [] did not appear. Respondent #2, __________________ (name of Respondent #2), [] appeared pro se [] did not appear.

The court having reviewed the petition, heard testimony, and being sufficiently advised FINDS:

1. The court has jurisdiction under the Kinship Guardianship Act, Sections 40-10B-1 to -15 NMSA 1978.

2. All necessary parties have been given adequate notice of the proceedings.

3. The name and age of the minor child(ren) are as follows:

Child's name	Birth Year	Age
_______________	________	________
_______________	________	________
_______________	________	________

4. Petitioner(s) is/are the minor child(ren)'s ____________________ (relationship) and is/are proper person(s) to be kinship guardian(s) under the Kinship Guardianship Act.

5. (Select all that apply)

[] Respondent #1 is the minor child(ren)'s legal parent and

[] consents to the appointment of Petitioner(s) as the guardian(s);

[] the minor child(ren) has/have resided with Petitioner(s) for at least ninety (90) days prior to filing the petition to appoint kinship guardian(s), and Respondent #1 was not residing in the home during that time;

[] There are extraordinary circumstances in this matter as follows, which include that Respondent #1 is unable or unwilling to provide appropriate care, maintenance, and supervision for the minor child(ren): ______________________

__________________________________________________________________

__________________________________________________________________.

[] Respondent #2 is the minor child(ren)'s legal parent and [] consents to the appointment of Petitioner(s) as the guardian(s);

[] the minor child(ren) has/have resided with Petitioner(s) for at least ninety (90) days prior to filing the petition to appoint kinship guardian(s), and Respondent #2 was not residing in the home during that time;

[] There are extraordinary circumstances in this matter as follows, which include that Respondent #2 is unable or unwilling to provide appropriate care, maintenance, and supervision for the minor child(ren):

______________________________________________________________________

____________________________________________________________.

6. Petitioner(s) is/are providing appropriate care, maintenance, and supervision for the minor child(ren).

7. The Indian Child Welfare Act, 25 U.S.C. §§ 1901 - 1963, and the Indian Family Protection Act, Sections 32A-28-1 through 32A-28-42 NMSA 1978:

[] do not apply to this matter or

[] do apply to this matter.

If the Indian Family Protection Act applies in this matter, the court makes the following additional findings regarding the domicile and residence of the minor child, and how the minor child will continue to participate in the cultural learning and activity of their tribe: _________________________________________________________________________

_________________________________________________________________________

[ ] A Cultural Compact between the minor child's kinship guardian(s) and the minor child(ren)'s tribe is attached and incorporated by reference herein.

8. The requirements of Section 40-10B-8(B) NMSA 1978 have been proven by clear and convincing evidence.

9. It is in the minor child(ren)'s best interests that Petitioner(s) be appointed as the minor child(ren)'s kinship guardian(s).

10. Other:

______________________________________________________________________

__________________________________________________

WHEREFORE IT IS ORDERED:

1. Petitioner(s) is/are appointed as the kinship guardian(s) of the minor child(ren).

2. The appointment of kinship guardianship shall remain in effect until the minor child(ren) reach(es) the age of eighteen (18) or until further order of the court, whichever comes first.

3. Under Section 40-10B-13(A) NMSA 1978, Petitioner(s) has/have the legal rights and duties of a parent except the right to consent to the adoption of the minor child(ren).

4. Respondents' parental rights pertaining to the minor child(ren) are hereby suspended until further order of the court.

5. Visitation shall be as follows:

[] Under the Kinship Guardianship Act, Section 40-10B-13(B) NMSA, visitation between the legal parents and the minor child(ren), or any other persons shall be at the discretion of the guardian(s);

[] Visitation shall be as follows:

______________________________________________________________________

_______________________

6. Child support shall be as follows:

[] No child support is ordered because Petitioner(s) waive a request for child support at this time, but reserve his/her/their right to request child support at a later time;

[] Child support is ordered as follows:

____________________________________________________________________________________

___________________

7. This order allows the kinship guardian to apply for State programs and assistance on behalf of the minor child(ren) without reference to the kinship guardian(s)'s income.

8. Other:

____________________________________________________________________________________

_______________________________________________________

____________________________________

District Court Judge

____________________________________________________

Signature of Petitioner #1

____________________________________________________

Printed name

____________________________________________________

Address

____________________________________________________

Telephone number and email address

____________________________________________________

Signature of Petitioner #2

____________________________________________________

Printed name

____________________________________________________

Address

____________________________________________________

Telephone number and email address

____________________________________________________

Signature of Respondent #1

____________________________________________________

Printed name

____________________________________________________

Address

____________________________________________________

Telephone number and email address

____________________________________________________

Signature of Respondent #2

____________________________________________________

Printed name

____________________________________________________

Address

____________________________________________________

Telephone number and email address

Dom. Rel. Forms. 4A-511

Provisionally approved, effective 8/15/2003 until8/31/2004; approved, effective 1/20/2005; 4-988 recompiled and amended as 4A-511 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 12/31/2022; as amended by Supreme Court Order No. S-1-RCR-2023-00052, effective for all cases pending or filed on or after 12/31/2024.

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 4-988 NMRA was recompiled and amended as 4A-511 NMRA, effective for all pleadings and papers filed on or after December 31, 2016.