STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT
D. JUDY CHAVEZ AND CANDIDO CHAVEZ,
PETITIONERS,
No. D-202-DM-2011-03066
IN THE MATTER OF THE KINSHIP )
GUARDIANSHIP OF A. D. R, A MINOR, )
AND CONCERNING CANDIDO CHAVEZ )
MOTION TO REVOKE KINSHIP GUARDIANSHIP
COMES NOW the Petitioners, D. Judy Abeita-Chavez, by and through her attorneys, LITTLE, GILMAN-TEPPER & BATLEY, P.A. (Donna K. Baslee), and Candido Chavez, representing himself pro se, and respectfully requests that this Court revoke Candido Chavez’ Kinship Guardianship of Alukard Demetris Rodriguez. As ground for this Motion, movants state as follows:
1. This matter is brought pursuant to the Kinship Guardianship Act, NMSA 1978,
§40-10B-1 to §40-10B-15 (2001).
2. The Court has jurisdiction over the subject matter herein and the parties hereto.
3. The name and age of the minor child is as follows:
Alukard Demetris Rodriguez, age 10, born 2007
4. Kinship Guardians, D. Judy Abeita-Chavez and Candido Chavez were appointed on November 22, 2011.
5. The circumstances have changed as follows: D. Judy Abeita-Chavez filed for
Dissolution of Marriage from Candido Chavez on December 6, 2017. Candido Chavez has vacated the marital residence and now resides in Los Lunas, New Mexico. Candido Chavez
periodically obtains work outside of the state of New Mexico and is unable to care for the minor
child. The parties have agreed that Candido Chavez will continue to maintain a relationship with
the minor child at times agreed to both the parties. D. Judy Chavez shall continue to raise and
care for the minor child.
6. The biological father, Anthony Rodriguez, is aware of Candido Chavez’s request to revoke kinship guardianship and is in agreement with the change and will continue to maintain a relationship with the minor child to the best of his ability.
7. The biological mother, Kristina Alexis Coca, who whereabouts are unknown, will be served with Notice of Pendency of Motion To Revoke Kinship Guardianship through publication as soon as a hearing date is set for same.
8. Due to Candido Chavez already moving from the marital residence and working out of state, no transition plan is offered; however, both parties agree that Candido Chavez will attempt to maintain a relationship with the child whenever he is located in the state of New Mexico.
9. It is in the best interest of the minor child to revoke Candido Chavez’ kinship guardianship of the minor child.
WHEREFORE, the Petitioners, D. Judy Abeita-Chavez and Candido Chavez, prays this Court for its Motion:
1. Revoking Candido Chavez’s Kinship Guardianship of the minor child, Alukard Demetris Rodriguez;
2. For such other and further relief as the Court deems just and proper.
Respectfully submitted,
LITTLE, GILMAN-TEPPER & BATLEY, P.A.
/s/ Donna K. Baslee
Donna K. Baslee
Attorneys for Petitioner
316 Osuna Rd. NE, Suite A
Albuquerque, NM 87107
(505) 246-0500 (Telephone)
(505) 246-9953 (Facsimile)
[email protected]
I HEREBY CERTIFY that a true and correct copy of the foregoing pleading will be served upon all parties by mail and/or publication upon receipt of an endorsed copy of this Motion by my firm.
/s/ Donna K. Baslee
DONNA K. BASLEE
HCS Pub. February 16, 23, 2018
