STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT
Case: D-202-DM-2020-00158
GEORGINA RUEDA-ALVARADO
Petitioner,
v.
ARTURO RUBIO
Respondent.
PETITION TO DOMESTICATE AND AMEND FOREIGN ORDER
COMES NOW, Petitioner, Georgina Rueda-Alvarado, by and through her attorneys of record, JUSTICE LEGAL GROUP (Amanda D. Navarro/Anthony Griego), pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act and respectfully petitions this Court to domesticate and amend a foreign order and in support hereof states as follows:
1. This Court has jurisdiction over the parties and subject matter herein and venue in this cause is proper.
2. The parties’ are the parents of the two minor children, namely, Sebastian G. Rubio, born December 2004 and Arturo Rubio, born September 2007.
3. Petitioner (hereinafter “Mother”) and Respondent (hereinafter “Father”) were issued a custody and child support order in El Paso County, Texas on January 26, 2011. A certified copy of the order is attached hereto as Exhibit 1.
4. The parties were awarded joint legal custody of the minor children.
5. Mother was awarded primary physical custody of the children
6. Father was ordered to pay $113.00 in monthly child support to Mother.
7. Petitioner now resides in New Mexico.
8. Father’s permanent state of residence is unknown. Under information and belief, he may now reside in Mexico.
9. Mother has not seen Father since at least 2011.
10. Mother has lived in New Mexico since on or about 2011.
11. Mother has reason to believe that Father was incarcerated in Texas and may have been deported to Mexico.
12. Father’s last known address is Annex Jail, 12501 Montana, PID: 1618069, El Paso, Texas 79901 as of April 30, 2019.
13. Mother’s current address is 417 Minturn Loop Dr., Rio Rancho, 87124.
14. Father has not attempted to make contact with the minor children.
15. There is available in New Mexico substantial evidence concerning the children’s presence and future care, protection, education, training, and personal relationships.
16. New Mexico is the home state of the minor children pursuant to the UCCJEA.
17. Pursuant to NMSA § 40 10A 203, this Court has jurisdiction to make a custody determination under 40-10A-201(a)(1).
18. Mother has no information of any other custody proceedings concerning the children pending in a court of this or any other state.
19. Mother knows of no other person, other than the parties to these proceedings, who claim to have custody or visitation rights with respect to the children.
20. This Court should amend the Texas order to award Mother sole legal and physical custody to reflect the major change in circumstances since the entry of the last order.
21. There have been no modifications to the Order that was filed on January 26, 2011.
WHEREFORE Petitioner requests this Court for an order that establishes the following:
1. The Texas order is domesticated by this Court;
2. Mother should have sole legal and physical custody of the minor children;
3. Such other and further relief that this court may deem just and appropriate.
Respectfully submitted,
JUSTICE LEGAL GROUP
/s/ Amanda D. Navarro
Amanda D, Navarro
Anthony Griego
Attorneys for Petitioner
1516 San Pedro Dr. NE
Albuquerque, New Mexico 87110
[email protected]
Certificate of Service
I certify that a true and correct copy of the foregoing pleading will be mailed to the opposing party upon determination of his whereabouts.
/s/Amanda D. Navarro
Amanda D. Navarro
STATE OF NEW MEXICO )
) ss,
COUNTY OF )
PETITIONER, being first duly sworn Upon her oath deposes and states that Petitioner has read, knows and understands the contents of this Petition, and the statements herein are true to Petitioner’s own knowledge and belief.
/s/ Georgina Rueda
Georgina Rueda
SUBSCRIBED AND SWORN to before me this 15th day January, 2020 by Georgina Rueda.
/s/ Shandlin Chanel Lucero
Notary Public
12/05/2020
Commission Expires
HCS Pub. February 7, 14, 21, 2020
