STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT
Gilbert and Rose Cadena
No. DM-2019-1014
IN THE MATTER OF THE KINSHIP GUARDIANSHIP OF
Stephanie and Rosalia Guitierrez, Child(ren), and concerning
Carlos Gutierrez & Bonnie Ochoa, Respondent(s).
ORDER APPOINTING
TEMPORARY KINSHIP GUARDIAN(S)
THIS MATTER came before the Court on Petitioner(s)’ motion to appoint temporary kinship guardian of the minor child(ren). Petitioner(s), Gilbert & Rose Cadena, appeared pro se. Respondent 1, Carlos Gutierrez, appeared pro se. Respondent 2, Bonnie Ochoa, did not appear. The Court having reviewed the motion, heard testimony, and being sufficiently advised FINDS:
1. The Court has jurisdiction under the Kinship Guardianship Act, Sections 40-10B-1 to -15 NMSA 1978.
2. The Court has the authority to appoint a temporary kinship guardian under Section 40-10B-7 NMSA 1978.
3. A Petition to Appoint Kinship Guardian(s) has been filed with this Court.
4. Respondent 1 consents to the appointment of Petitioner(s) as the temporary guardian(s);
5. Respondent 2 does not consent to the appointment of Petitioner(s) as the guardian(s) and the minor child(ren) has/have resided with Petitioner(s) for at least 90 days prior to filing the Petition for Kinship Guardianship, and Respondent 2 was not residing in the home and is unable or unwilling to provide appropriate care, maintenance and supervision for the minor child(ren).
6. It is in the minor child(ren)’s best interests that Petitioner(s) be appointed as the minor child(ren)’s temporary guardian(s).
7. ( ) A guardian ad litem shall be appointed.
8. Other: Mother, Bonnie Ochoa, shall have no contact with the minor children. The children’s phone numbers shall be changed to prevent Mother from having contact.
WHEREFORE IT IS ORDERED:
1. Petitioner(s) is/are appointed as the temporary kinship guardian(s) of the minor child(ren).
2. The appointment of temporary kinship guardianship shall remain in effect for one-hundred eighty (180) days from the date of filing of this order or until further order of the court, whichever comes first.
3. Under Section 40-10B-13(A) NMSA 1978, Petitioner(s) has/have the legal rights and duties of a parent except the right to consent to the adoption of the minor child(ren).
4. Respondents’ parental rights pertaining to the minor child(ren) are temporarily suspended until further order of the court.
5. Interim Visitation shall be as follows: Father may have unsupervised contact as long as Petitioners agree to the contact. Mother shall not have contact.
6. Interim Child Support shall be as follows:
Child support is ordered as follows: It is reserved. Petitioners may request child support.
/s/ Jane C. Levy
District Court Judge
7-3-2019
CERTIFIED AS A TRUE AND CORRECT COPY OF THE ORIGINAL FILED IN MY OFFICE,
James A. Noel, Clerk of the District Court.
By: /s/ Barbara Montano Deputy Clerk
7-3-19
HCS Pub. July 12, 19, 26, 2019
