IN THE SECOND JUDICIAL DISTRICT COURT
STATE OF NEW MEXICO
COUNTY OF BERNALILLO
No. DM 2012-001964
EVELYN VALERIO,
Petitioner,
IN THE MATTER OF PETITION OF GUARDIANSHIP OF:
LEILANI McCLOUD, born March 17, 2010.
VERIFIED PETITION FOR ORDER APPOINTING KINSHIP GUARDIAN
COMES NOW Evelyn Valerio, by and through her attorney, Colin L. Hunter (The Barnett Law Firm P.A.) and respectfully requests the Court to grant her Petition for Guardianship of the minor child, Leilani McCloud, pursuant to the Kinship Guardianship Act, NMSA 1978, Section 40-10B-1 et seq (2001) and states as follows in support thereof:
1. The Court has jurisdiction over the parties and the subject matter of this cause of action.
2. Leilani McCloud is an unmarried minor born inAlbuquerque,New Mexicoon March 16, 2010.
3. The minor child’s mother, May Valerio, was fatally shot on April 28, 2012 inAlbuquerque,New Mexico.
4. Petitioner is the minor child’s maternal grandmother.
5. Since birth, the minor child has lived with the Petitioner and her deceased mother. From birth until April of 2011 the parties resided together at 829 Jefferson NE,Albuquerque,New Mexicoand since April of 2011 to the present at7601 Lomas Blvd NE,Albuquerque,New Mexico.
6. Upon information and belief, the Petitioner does not know the identity of the father of the minor child nor has the father ever had contact with the minor child.
7. The Petitioner was visitingTaos,New Mexicothe night her daughter, May Valerio, was fatally shot. The minor child was being watched by a babysitter at the time of her mother’s death.
8. By the time Petitioner arrived back inAlbuquerque, the minor child had already been taken into the custody of CYFD.
9. Petitioner Evelyn Valerio accepts the duties and guardianship of Leilani McCloud.
10. There are no matters pending concerning custody of the minor child pursuant to the Children Code, the Domestic Relations Act, and no guardian has been appointed pursuant to a provision of the Probate Code.
11. The Indian Child Welfare Act does not apply to this child.
12. It is the best interests of the child that Petitioner be appointed guardian of Leilani McCloud.
Respectfully Submitted:
THE BARNETT LAW FIRM
By: /s/ Colin L. Hunter
Colin L. Hunter
1905 Wyoming Blvd N.E.
Albuquerque,NM87112
Fax: (505) 275-3837
Phone: (505) 275-3200
Email: [email protected]
HCS Pub. September 14, 21, 2012
