Dom. Rel. Forms. 4A-402

As amended through November 1, 2024

Rule 4A-402 - Petition to establish parentage

STATE OF NEW MEXICO

COUNTY OF ___________________________

____________________ JUDICIAL DISTRICT

_______________________________________ ,

Petitioner,

v. No. _________________

_______________________________________ ,

Respondent.

PETITION TO ESTABLISH PARENTAGE¹

I, ____________________________ , (person listed as petitioner above) am the petitioner in this case and I have [a child] [children] with _________________________ (person listed as respondent), "the parties". The parties ask the court for a Final Decree Establishing Parentage that establishes that __________________________ (name of father) is the father of the [child] [children] listed below and approves the parties' parenting plan for their [child] [children].

1. The parties have [or are expecting] ______ (number) minor [child] [children] together.

2. The parties are filing a completed Custody Plan, Form 4A-302 NMRA, and Child Support Obligation, Form 4A-303 NMRA, at the same time as this petition.

3. Father lives in _______________________ County. Mother lives in _______________________ County. Venue is proper because one of us lives in the county listed in the case caption above.

4. Both parties have gotten the help needed in order to sign this document.

5. The parties are the parents of:

Child's name	Date of birth	Age
_______________________________________________	________________	__________
_______________________________________________	________________	__________
_______________________________________________	________________	__________
_______________________________________________	________________	__________

6. Our [child] [children] have lived in New Mexico since birth or for at least the past six (6) months. For the past five (5) years, our children have lived:

Child's addresses	Dates of residence	People in residence
Present address:
___________________________________________	___________________	______________________
___________________________________________	___________________	______________________
Past addresses:
___________________________________________	___________________	______________________
___________________________________________	___________________	______________________
___________________________________________	___________________	______________________
___________________________________________	___________________	______________________

(If applicable, check below and list each proceeding.)

7. [ ] The above [child has] [children have] been the subject of the following prior custody or support proceedings:

Case Name	Case number	Court name	Location
_________________________	______________	__________________	___________________
_________________________	______________	__________________	___________________

[ ] No other custody or support proceeding has been filed in any state involving the above named [child] [children].

8. (check applicable)

[ ] No person other than the parties to this proceeding has claimed custody or visitation rights for the above named [child] [children].

[ ] The following named persons have custody or visitation rights to the above named [child] [children]:

______________________________ ______________________________

(Name of person) (Address)

______________________________ ______________________________

(Name of person) (Address)

9. Parentage has been established because the father has acknowledged that he is the father of the [child] [children].

10. We understand that once the judge signs the Final Decree of Parentage, we will be ordered to do the things we agreed to do in the parenting plan.

When I sign here, I am telling the judge that I have read this document and agree with everything in it. I state upon my oath or affirmation that this document and the statements in it are true and correct to the best of my information and belief.

______________________________________________ ³

Petitioner's signature

Address: ___________________________________________

___________________________________________

___________________________________________

Telephone: ___________________________________________

______________________________________________ ³

Respondent's signature

Address: ___________________________________________

___________________________________________

___________________________________________

Telephone: ___________________________________________

) STATE OF NEW MEXICO

) ss.

) COUNTY OF

Acknowledged, subscribed and sworn to before me this _____ day of _____________ , _____ by _______________________ , the petitioner.

My commission expires: __________________

___________________________ Notary Public

STATE OF NEW MEXICO )

) ss.

COUNTY OF )

Acknowledged, subscribed and sworn to before me this _____ day of _____________ , _____ by _______________________ , the respondent.

My commission expires: __________________

___________________________ Notary Public

USE NOTES

1.See Form 4A-401 NMRA for an explanation of an uncontested paternity proceeding and how to complete these forms.

2. Section 40-10A-209 NMSA 1978 requires the following information be disclosed:

name of the child;

the places the child has lived in the last five (5) years; and the names and addresses of the persons with whom the child has lived in the last five (5) years.

3. After completing this form the petitioner and respondent must sign their names before a notary.

Dom. Rel. Forms. 4A-402

Approved, effective 11/1/2002; 4A-331 recompiled as 4A-402 by Supreme Court Order No. 13-8300-010, effective for all pleadings and papers filed on or after5/31/2013, in all cases pending or filed on or after5/31/2013; as amended by Supreme Court Order No. 13-8300-014, effective immediately in all cases pending or filed on or after6/24/2013.

ANNOTATIONS The 2013 amendment, approved by Supreme Court Order No. 13-8300-014, effective June 24, 2013, changed the forms that are required to be filed with the Petition; in Paragraph 2, after "are filing a completed", deleted "Parenting" and added "Custody", after "Custody Plan", added "Form 4A-302 NMRA", and after "Child Support Obligation, Form", deleted "4A-313" and added "4A-303"; and in Paragraph 1 of the Use Note, deleted "Domestic Relations" and after "Form", deleted "4A-206" and added "4A-401". Compiler's note. - Pursuant to Supreme Court Order No. 13-8300-010, former 4A-331 NMRA was recompiled 4A-402 NMRA, effective May 31, 2013.