STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT
NO. D-202-DM-2019-1115
RENEE FLETCHER
AND DONALD FLETCHER,
Petitioners,
vs.
GABRIELLIA FLETCHER
AND JOHNATHON CHESNEY,
Respondents,
IN THE MATTER OF KINSHIP GUARDIANSHIP OF JONATHAN CHESNEY,
A Minor Child.
ORDER APPOINTING
TEMPORARY KINSHIP GUARDIANS
AND NOTICE OF HEARING
THIS MATTER, coming before the Court on June 24, 2019 for a hearing on Petitioner’s Ex Parte Motion To Appoint Temporary Kinship Guardian for the minor children, filed April 9, 2019. The Petitioners, Renee fletcher and Donald Fletcher, appeared in person and pro se, the Respondents, Gabriellia Fletcher and Johnathon Chesney, did not appear, but may not have service of the underlying documents. The Court, having heard testimony and argument, and being sufficiently advised FINDS:
l. Section 40-10B-7 NMSA 1978 of the Kinship Guardianship Act allows this Court to appoint a temporary guardian ex parte upon good cause shown, to serve for one hundred and eighty (180) days.
2. A petition to appoint kinship guardian has been filed regarding the following Minor Child: Jonathan Chesney, who is three (3) years old.
3. Based upon the Motion and hearing there is good cause for the appointment of a temporary guardian.
WHEREFORE IT IS ORDERED:
1. Petitioners are appointed as the temporary guardian of the following Minor Child: Jonathan Chesney, who is three (3) years old.
2. The appointment of temporary kinship guardians shall expire in one hundred and eighty (180) days from the date of the filing of this order or further order of this Court, whichever occurs first.
3. The guardians have the legal rights and duties of a parent except the right to consent to the adoption of the child, as provided in Section 40-10B-13(A) NMSA 1978.
4. The parental rights and duties of Gabriellia Fletcher and Johnathon Chesney pertaining to the child are hereby temporarily suspended.
5. Visitation between the legal parents and the minor children, or any other persons, shall be at the discretion of the guardians.
6. Petitioners shall serve the Gabriellia Fletcher and Johnathon Chesney with a copy of the Petition to Appoint Kinship Guardians. The Petitioners were already granted leave to serve the parties by publication. The Petitioners may serve the parties with either the Albuquerque Journal or the Health City Sun.
7. Petitioners must still ensure that they obtain a Notice of Pendency of Action and Affidavit of Service so that they may complete the remaining steps for service by publication.
8. Petitioners shall ensure that a copy of this Order and their Petition is properly mailed to the Santo Domingo Pueblo, pursuant to the Indian Child Welfare Act, 25 U.S.C. §§ 1901 to 1963. The parties believe that Respondent Johnathon Chesney is of Native American dissent and may be a registered member of the Santo Domingo Pueblo, as he listed such in his Acknowledgement of Paternity for the child.
9. If a party files an objection to this Order and submits a copy to the assigned judge with a request for hearing, the court shall schedule a hearing to be held within ten (10) days of the date the objection is filed, as provided in Section 40-10B-7(C) NMSA 1978.
10. The Court shall have a hearing on SEPTEMBER 27, 2019 AT 9:15 A.M. for a status conference. This is the only notice the parties shall receive. The Petitioners should be prepared to provide proof of mailing to Santo Domingo Pueblo regarding the Minor Child.
/s/ Amber Chavez Baker
AMBER CHAVEZ BAKER
DISTRICT COURT JUDGE
DC
6-25-19
HCS Pub. June 28, July 5, 12, 2019
