DM 2012-813

By on April 1, 2016

STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT
DM 2012-813
Related to: DV 2012-250
ADAM OTERO,
PETITIONER
v.
FELICIA GARCIA,
RESPONDENT
HEARING OFFICER’S REPORT RECOMMENDING EX PARTE ORDER OF
TEMPORARY SOLE LEGAL AND PHYSICAL CUSTODY, NOTICE OF HEARING,
AND NOTICE OF FILING
This matter came before the Hearing Officer on February 26, 2016 for a hearing on Petitioner’s (Father’s) “Motion to Reopen Due to Failure to Comply to Court Order and Determine Sole Custody”, filed October 23, 2015. Father was present in person and represented by Greg Gahan, Esq. Respondent (Mother) was not present and it appears from the Court record that the Notice of Hearing mailed to her address was returned to the Courthouse. The Hearing Officer having heard testimony, offers of proof, and arguments from Father, and being otherwise advised.
FINDS:
1. The Court has jurisdiction over the parties and subject matter.
2. It appears, from a review of the Court record, that Mother did not receive notice of today’s hearing. The Notice of Hearing was returned to the Courthouse
3. This Special Commissioner was appointed as a Family Court Hearing Officer in this case.
4. The parties are the parents of one minor child, ADAM OTERO, born May 2010, age 5 years.
5. On April 7, 2014, the parents entered into a Parenting Plan. Pursuant to the Parenting Plan, the parties shared joint legal custody of ADAM. A timesharing schedule was outlined but was not clear about each parent’s specific periods of timesharing.
6. Father testified, and made offers of proof, as follows:
a. ADAM has lived with him for the past four (4) years.
b. Mother has missed hundreds of days of visits with ADAM.
c. Mother has had no contact with ADAM since September 2015.
d. In October 2015, Mother sent Father a series of disturbing text messages.
The messages were read into the record at today’s hearing. In the text messages, Mother stated that she was addicted to pain medications. Mother referred to herself as a “junkie.” Further, Mother alluded to engaging in self-harming behavior (cutting) and to behavior associated with eating disorders (vomiting after eating.) Further, in her text messages, Mother told Father that Mother’s boyfriend was very abusive towards her and that Mother had suffered serious injuries as a result of the abuse.
e. Father attempted to serve Mother with his Motion and with notice of today’s hearing. He mailed the pleadings to Mother’s last known address. He attempted to call Mother, but her telephone was disconnected. He attempted to call Mother’s mother and sister, but their telephones were also disconnected.
f. Father is concerned that Mother may try to remove ADAM from Father’s care, which would be unsafe for ADAM.
g. ADAM is currently in kindergarten at Adobe Acres, and is doing very well.
h. Upon Father’s information and belief, there has been CYFD involvement involving Mother and her older children.
THE SPECIAL COMMISSIONER THEREFORE RECOMMENDS:
7. Father shall have temporary sole legal and physical custody of ADAM.
8. Father SHALL NOT move out of the Greater Albuquerque Area with ADAM, without a Court Order, from this Court, allowing him to do so.
9. Father may travel outside of the Greater Albuquerque Area with ADAM.
10. Pending further Court Order, Mother shall have no visits or contact with ADAM.
11.Pending further Court Order, Mother shall stay 100 yards away from ADAM’s school.
12. Father shall publish notice of this Hearing Officer’s Report and Notice of Hearing pursuant to the requirements of Rule 4, and shall complete the publication process prior to the hearing scheduled below.
13. This matter is set for a Review Hearing on April 18, 2016 at 1:30PM in room 274 Commissioner Rourke. The purpose of the hearing is to address Father’s compliance with Rule 4 and to allow Mother another opportunity to appear and address the Court.
THIS IS THE ONLY NOTICE OF HEARING THE PARTIES WILL RECEIVE.
/s/ Elizabeth O Rourke
SPECIAL COMMISIONER ELIZABETH ROURKE
If you object to these recommendations, you have ten (10) business days from the date of service to serve upon all parties a copy of your written Objections and to file your original written Objections with the District Court.
MAILED/HAND DELIVERED on date of filing to all parties pro se and Counsel of record by
/s/ J Salazar
Gregory Gahan, Esq
Attorney for Father> handed
Felicia Garcia
Respondent/Mother> mailed
HCS Pub. March 25, April 1, 8, 2016

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