No. SA 2016 039

By on June 20, 2016

STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT
IN THE CHILDREN’SCOURT
No. SA 2016 039
IN THE MATTER OF THE ADOPTION PETITION OF CRYSTAL CHACON AND ANGELITA CHACON,
Petitioners.
VERIFIED DUAL PETITION FOR TERMINATION OF PARENTAL RIGHTS AND FOR KINSHIP ADOPTION
COME NOW Petitioners Crystal G. Chacon and Angelita Rene Chacon, by and through their attorneys of record, Law Offices of Lynda Latta, LLC (Brianna Feerer-Huss and Lynda Latta), and petitions the Court to terminate the parental rights of the biological parents of the adoptee and for kinship adoption. In support of this Petition, Petitioners state:
1. Petitioner Crystal G. Chacon, age 34, born March 12, 1982, resides at 10115 Range Rd, City of Albuquerque, County of Bernalillo, State of New Mexico, 87121. Petitioner Angelita Rene Chacon, age 45, born November 22, 1970, resides at 10115 Range Rd, City of Albuquerque, County of Bernalillo, State of New Mexico, 87121. Petitioners have resided at this address for four (4) years.
2. Crystal G. Chacon is married to Angelita Rene Chacon. Petitioners were married in the City of Albuquerque, County of Bernalillo, State of New Mexico on August 31, 2013. Crystal G. Chacon has no prior marriages, separations or divorces. Angelita previously married Karl L. Zamora in Roswell NM, on February 14, 1989. Angelita Chacon divorced Karl L. Zamora on June 11, 1998.
3. The adoptee is Jadah Marie Garcia, born July 6, 2014, age 20 months. The adoptee was born at Presbyterian Hospital in the City of Albuquerque, County of Bernalillo, State of New Mexico.
4. Since birth, the adoptee has lived with Petitioners, at 10115 Range Rd, Albuquerque, New Mexico 87121.
5. The birth name of the adoptee is Jadah Marie Garcia. The adoptee has been known by Jada Marie Garcia, Jayda Marie Garcia, and Jaydah Marie Garcia. The adoptee’s name should be changed to Jaydah Marie Garcia Chacon.
6. The adoptee currently resides with Petitioners, at 10115 Range Rd, Albuquerque, New Mexico 87121.
7. Petitioners wish to adopt the minor child and it is in the best interests of the adoptee that the adoption takes place. Petitioners wish to establish and have established a parent-child relationship with the adoptee. Petitioners are fit and proper persons able to care and provide for the adoptee’s welfare.
8. No other action regarding the child is known to exist except that a CYFD Safety Plan was issued upon birth of the child. All documents regarding that action and the adoptee are attached hereto and incorporated herein as if fully set forth. The Petitioners have obtained temporary kinship guardianship of the adoptee and that Order is attached.
9. Petitioner, Crystal G. Chacon is the paternal aunt of the adoptee. Petitioner, Angelita Rene Chacon is the wife of Crystal Chacon.
10. There is no placing agency.
11. The adoptee is not married.
12. Venue is proper because the child resides in this county and this county is the legal residence of the child.
13. Respondent, Artie Chacon, is the biological natural father of the minor child. His last known address is in Albuquerque, New Mexico.
14. Respondent, Tabatha Garcia, is the biological natural mother of the child. Her last known address is in Albuquerque, New Mexico.
15. It is contemplated that the adoption Petition will be served on the biological parents by publication and that their parental rights will be terminated by default or that no consents or relinquishments are required to be filed in this Court.
16. The biological natural parent’s parental rights should be terminated. The grounds for termination are as follows:
a. The physical, mental and emotional welfare and needs of the adoptee are met by the Petitioners;
b. The Petitioners are the only parents to which the adoptee is bonded;
c. The biological parents abandoned the adoptee at birth;
d. The biological parents have failed to ever support the adoptee financially, physically and emotionally;
e. The adoptee has been neglected by the biological parents because they have failed to financially, physically and emotionally support the adoptee;
f. The conditions of biological parents’ abandonment and neglect are unlikely to change in the foreseeable future;
g. The adoptee has been in the care of Petitioners since birth;
h. The adoptee has lived in the Petitioners’ home since birth;
i. The adoptee has never lived with the biological parents;
j. The biological parents have never had a parent-child relationship with the adoptee;
k. A psychological parent-child relationship has developed between the Petitioners and the adoptee;
l. The Petitioners desire to adopt the adoptee; and
m. The biological parents cannot rebut the conditions described in Subparagraphs (a) through (l) above.
17. This is not an open adoption.
18. The adoptee is not an Indian child and is not subject to the provisions of the federal Indian Child Welfare Act.
19. The adoption is not subject to the Interstate Compact on the Placement of Children.
20. The adoptee is not foreign born.
21. The adoption is not a Convention adoption.
22. No post-placement report or pre-placement study is necessary because this is an adoption where the minor child has resided with Petitioners since birth. Petitioners’ anticipate filing a Motion to Waive the Pre-Placement study and the Post Placement Report concurrent with the filing of this Petition.
23. This Petition to terminate parental rights is in contemplation of the adoption.
WHEREFORE, Petitioners ask this Court to issue a decree of adoption allowing Petitioners to adopt the minor child; terminating the parental rights of the adoptee’s biological parents; and to order such other and further relief as this Court may deem proper and just.
Respectfully submitted,
/s/ Brianna Feerer-Huss
Brianna Feerer-Huss
Lynda Latta
LAW OFFICES OF LYNDA LATTA, LLC
Attorneys for Petitioners
715 Tijeras NW
Albuquerque, New Mexico 87102
(505) 842-5924
(505) 242-3125 Fax
VERIFICATION
STATE OF NEW MEXICO
ss.
COUNTY OF BERNALILLO
Crystal G. Chacon, being first duly sworn upon her oath, deposes and states: That she is a Petitioner in the captioned matter; that she has read the Verified Dual Petition for Termination of Parental Rights and for Adoption and knows and understands the contents thereof; and that the same are true and correct to the best of her knowledge and belief.
/s/ Crystal Chacon
CRYSTAL G. CHACON
SUBSCRIBED AND SWORN to before me on this 24th day of March, 2016 by Crystal G. Chacon.
/s/Brianna Feerer-Huss
Notary Public
My Commission Expires:
8/25/18
VERIFICATION
STATE OF NEW MEXJCO
ss.
COUNTY OF BERNALILLO
Angelita Rene Chacon, being first duly sworn upon her oath, deposes and states:That she is a Petitioner in the captioned matter; that she has read the Verified Dual Petition for Termination of Parental Rights and for Adoption and knows and understands the contents thereof; and that the same are true and correct to the best of her knowledge and belief.
/s/ Angelita Rene Chacon
ANGELITA RENE CHACON
SUBSCRIBED AND SWORN to before me on this 24th day of March, 2016 by Angelita
Rene Chacon.
/S/ Brianna Feerer-Huss
Notary Public
My Commission Expires:
8/25/18
HCS Pub. June 17, 24, July 1, 2016

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