SECOND JUDICIAL DISTRICT COURT
COUNTY OF BERNALILLO
STATE OF NEW MEXICO
NO. D-202-DM-2021-1610
JULIAN CHAVEZ,
Petitioner,
v.
AMANDA ARMENDAREZ and TROY WHEELER,
Respondents.
IN THE MATTER OF THE KINSHIP GUARDIANSHIP
OF TROY ROBERT WHEELER, born September 2013.
ORDER APPOINTING TEMPORARY KINSHIP GUARDIAN
THIS MATTER came before the Court on July 9, 2021 on Petitioner’s Motion to Appoint Temporary Guardian of the Minor Child. Petitioner Julian Chavez is represented by Helene Garduño Dobbins. Respondents Amanda Armendarez and Troy Wheeler are pro se and did not appear. The Court having reviewed the motion and being sufficiently advised FINDS:
1. This Court has jurisdiction under the Kinship Guardianship Act. Section 40-10B-1 to15 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 has been filed with this Court.
4. Respondent Amanda Armendarez does not consent to the appointment of Petitioner as guardian and the minor child has resided with Petitioner for at least 90 days prior to filing the Petition for Kinship Guardianship, and Respondent Amanda Armendarez was not residing in the home and is unable or unwilling to provide appropriate care, maintenance and supervision for the minor child.
5. Respondent Troy Wheeler does not consent to the appointment of Petitioner as guardian and the minor child has resided with Petitioner for at least 90 days prior to filing the Petition for Kinship Guardianship, and Respondent Troy Wheeler was not residing in the home and is unable or unwilling to provide appropriate care, maintenance and supervision for the minor child.
6. It is in the best interests of the minor child that Petitioner be appointed as the minor child’s temporary guardian.
7. It is in the best interests of the minor child that Petitioner be awarded temporary sole legal and physical custody of the minor child so that Petitioner may tend to the health, education and welfare of the minor child.
8. It is in the best interests of the minor child that the parental rights of Respondents Amanda Armendarez and Troy Wheeler are suspended.
WHEREFORE IT is ORDERED that:
A. Petitioner is hereby appointed as the temporary kinship guardian of the minor child.
B. 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.
C. Under Section 40-10B-13(A) NMSA 1978, Petitioner has the legal rights and duties of a parent except the right to consent to the adoption of the minor child.
D. Respondents’ parental rights pertaining to the minor child are temporarily suspended until further order of the court.
E. Visitation between the legal parents and the minor child or any other persons shall be at the discretion of the temporary guardian as provided in Section 40-10B-13(8) NMSA 1978.
F. No child support is ordered at this time.
G. A hearing will be set before the expiration of the temporary order.
H. Petitioner shall serve Respondents by publication of the hearing on the Petition for Order Appointing Kinship Guardianship.
I. Hearing is scheduled for December 7, 2021, at 9:30 a.m. for 1 hour.
/s/ Debra Ramirez
THE HONORABLE DEBRA RAMIREZ
DISTRICT COURT JUDGE 7/16/21
SUBMITTED BY:
/s/ Helene Garduño Dobbins
Helene Garduño Dobbins
Attorney for Petitioner
P.O. Box 93245
Albuquerque, NM 87199
(505) 872-4300
[email protected]
HCS Pub. July 23, 30, August 6, 2021
