No. DM 2013-2188

By on November 8, 2013

STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT
No. DM 2013-2188
IN THE MATTER OF THE KINSHIP GUARDIANSHIP OF
DESTINY DEVINE ABEYTA, ELIZABETH MARIE ABEYTA
and JESSICA ALICIA ABEYTA.
ORDER GRANTING TEMPORARY KINSHIP GUARDIANSHIP AND FURTHER INSTRUCTIONS
THIS MATTER came before the Court on the 6th day of November, 2013, for a pre-trial conference on Petitioner Evelyn Sisneros’ Petition for the Appointment of Kinship Guardianship of the minor children Destiny Abeyta, Elizabeth Abeyta and Jessica Abeyta. Present was the Petitioner Evelyn Sisneros, represented by Cliff McIntyre. The Respondent parents were not present. The Court finds:
1. The court has jurisdiction over the parties and the subject matter herein.
2. Respondent father Dennis Abeyta was personally served with the Petition and is in default.
3. The Petitioner exercised due diligence in attempting to serve the Respondent mother in Las Cruces, New Mexico but was unable to accomplish service.
4. Petitioner is willing and qualified to serve as Temporary Kinship Guardian of the minor children.
5. The Court Orders:
6. Petitioner Evelyn Sisneros is hereby granted temporary guardianship of Destiny, Elizabeth and Jessica Abeyta.
7. Petitioner shall have sole legal and physical custody of the minor children
8. Visitation with the parents will be at the discretion of the Petitioner.
9. Child support is reserved.
10. Petitioner shall attempt service by publication of this Order for two weeks, pursuant to the Probate Code, in an effort to notice the parents of these proceedings.
11. If the parents do not enter the case and contest the guardianship within the publication time period, the Petitioner may deliver to the Court a Certificate of the State of the Record and an order appointing her Kinship Guardian, without further court proceedings.
Approved by:
/s/ Deborah Davis Walker
THE HONORABLE DEBORAH DAVIS WALKER
SUBMITTED BY:
/s/ Cliff McIntyre
Cliff McIntyre
Attorney for Petitioner
HCS Pub. November 8, 15, 2013

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