4-989.

[Section 40-10B-8 NMSA 1978]

STATE OF NEW MEXICO

COUNTY OF ________________________

_______________ JUDICIAL DISTRICT

                                                                                                No. ____________

____________________________________

[Petitioner] [Petitioners]

v.

________________________________

Respondent

IN THE MATTER OF THE GUARDIANSHIP

OF ________________________________

ORDER APPOINTING KINSHIP GUARDIAN

BY CONSENT¹

(paternity not admitted)

            The court has reviewed the sworn petition for appointment of _________________ [and ___________________] as kinship [guardian] [guardians] of above minor child and the consent of the respondents.

            The court having considered the petition,

FINDS that the court has jurisdiction and that:

1.         The [petitioner is a grandparent] [petitioners are grandparents] [___________________ (state the relationship)]² of the above named child.

2.         The child's mother has consented to the appointment of [a guardian] [guardians] for her child and the consent is filed with the court.

3.         _____________________ (name of respondent) has not contested the appointment of [a guardian] [guardians] for this child and the consent is filed with the court.

4.         The [petitioner] [petitioners] shall be appointed as the kinship guardians of the child.

(Check and complete applicable alternative.)

5.         [ ]        The [petitioner has] [petitioners have] not requested child support.

            [ ]        The mother has agreed to child support as follows:

__________________________________________________

________________________________________________.

            [ ]        The petitioners and _______________ (name of respondent) have agreed to the following visitation: ___________________________________

_______________________________________________________

________________________________________________.

IT IS SO ORDERED.

_______________________                          _____________________________

Date                                                                District court judge

USE NOTES

1.         This form order may be used if both parents have signed a Parental Consent to Appointment of Guardian and Waiver of Service of Process.

2.         See Section 40-10B-5 NMSA 1978 for persons who may file as a petitioner pursuant to the Kinship Guardianship Act. See also Civil Form 4-981 NMRA for relationship of the petitioners.

[Provisionally approved, effective August 15, 2003 until August 31, 2004; approved, October 14, 2004.]