STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT
IN THE CHILDREN’S COURT DIVISION
No: D-202-SA-2021 021
JV SEC B
IN THE MATTER OF THE ADOPTION PETITION OF MICHELLE ROYBAL,
Petitioner.
PETITION FOR RELATIVE ADOPTION AND
TERMINATION OF PARENTAL RIGHTS OF BIOLOGICAL FATHER
COMES NOW, Petitioner, MICHELLE ROYBAL, by and through her attorneys of record, The Law Office of Adam Oakey, LLC., (Adam D. Oakey), and for her Petition for Relative Adoption and Termination of Parental Rights of Biological Father STATES:
FACTUAL BACKGROUND
1. Petitioner, Michelle Roybal (hereinafter “Petitioner”), born August 27, 1968, age 52, is a resident of the City of Albuquerque, County of Bernalillo, State of New Mexico.
2. Petitioner is a citizen of the United States of America.
3. Petitioner is the Maternal Grandmother of the Adoptee, Santana Maria Roybal, who is the subject of this action.
4. The minor child, Santana Maria Roybal, (hereinafter ‘’Adoptee”), was born on October 19, 2015, ~5 years of age, in Albuquerque, New Mexico.
5. The Adoptee is five (5) years of age, is unmarried, and has not been known by any other names.
6. During the last five (5) years, the Adoptee has resided at the following addresses:
• 10708 Corona Ranch Road, SW, Albuquerque, New Mexico 87121.
7. The Adoptee currently resides with Petitioner at the following residence and has since birth:
• 10708 Corona Ranch Road, SW, Albuquerque, New Mexico 87121.
8. The biological mother of the Adoptee, Angel Roybal, has struggled with substance abuse issues and voluntarily and filly consents to Petitioner adopting the Adoptee.
9. The biological mother of the Adoptee, Angel Roybal, has never been married and is not a minor.
10. The biological father of the Adoptee, is unknown and undetermined.
11. Petitioner has established a psychological parent-child bond with the Adoptee.
12. Petitioner desires to establish a legal parent-child relationship between herself and the Adoptee.
13. Petitioner is a fit and proper person able to care and provide for the Adoptee.
14. Petitioner is unaware of the existence of any Court Order(s) or pending legal proceedings that regulate custody, visitation, or access to the Adoptee.
15. There is no placement agency involved in this proceeding because this is an independent adoption.
16. The Adoptee is not an Indian child as defined by the federal Indian Child Welfare Act of 1978 and is not subject to the federal Indian Child Welfare Act.
17. The adoption of the Adoptee is not subject to the Interstate Compact on the Placement of Children.
18. The adoptee is not foreign born.
19. This is not a convention adoption and is not subject to the Hague Convention on Protection of Children and Cooperation in Respect of intercountry Adoption.
PETITION FOR RELATIVE ADOPTION
20. Petitioner incorporates the allegations set forth in Paragraphs 1 through 19 as though fully set forth herein.
21. Petitioner wishes to adopt the Adoptee and Adoptee desires the same.
22. Pursuant to NMSA 1978 § 32A-5-12.C (2) (1995), no placement, pre-placement study or post-placement study is required because Adoptee has resided with Petitioner for at least one year.
23. Pursuant to NMSA 1978 § 32A-5-12 (1995), a pre-placement report is not required unless ordered by the Court.
24. Petitioner respectfully requests that the Court waive the requirement of a pre-placement report.
25. Pursuant to NMSA 1978 § 32A-5-22 (1995), counseling for Petitioner is not required.
26. Pursuant to NMSA 1978 32A-5-14.1 (1995), a criminal records check shall be conducted on Petitioner.
27. Pursuant to NMSA 1978 § 32A-5-34 (1995), no report of fees and charges will be prepared, unless ordered by the Court.
28. Petitioner respectfully requests that the court waive the requirement of filing a report of fees and charges.
29. Because Adoptee is under the age of ten, no counseling is required as set forth in NMSA 1978 § 32A-5-22 (1995).
30. This adoption shall not be an open adoption as provided for by NMSA 1978 § 32A-5-35 (2001).
31. A consent or relinquishment of the biological mother, Angel Roybal, will be submitted simultaneously herewith.
32. The consent or relinquishment of the biological father is not required as there is neither an acknowledged father nor a presumptive father.
33. In the event of same, the consent or relinquishment of the biological father is not required because he has presumptively abandoned the Adoptee, in accordance with the provisions of NMSA 1978 §32A-5-15 (1995), as set forth in greater detail below.
TERMINATION OF PARENTAL RIGHTS OF BIOLOGICAL FATHER
34. Petitioner incorporates the allegations set forth in Paragraphs 1 through 33 as though fully set forth herein.
35. JOHN DOE is the acknowledged biological father of the Adoptee.
36. Pursuant to NMSA 1978 § 32A-5-16.A(3) (2001), Petitioner, as a person with a legitimate interest in the Adoptee, seeks to terminate the parental rights of JOHN DOE, the acknowledged biological father of the Adoptee.
37. JOHN DOE is not in the armed forces.
38. Pursuant to NMSA 1978 §32A-5-15.B (1995), the Court shall terminate parental rights with respect to a child when:
a. the child has been abandoned;
b. the child has been placed in the care of others, including care by other relatives, either by court order or otherwise and the following conditions exist:
i. the child has lived in the home of others for an extended period of time
ii. the parent-child relationship has disintegrated;
iii. a psychological parent-child relationship has developed between the substitute family and the child;
iv. if the Court deems the child of sufficient capacity to express a preference, the child no longer prefers to live with the natural parent;
v. the substitute family desires to adopt the child; and
vi. a presumption of abandonment created by the conditions described above has not been rebutted.
39. The biological father, JOHN DOE, has abandoned the Adoptee and all of the elements of NMSA 1978 §32A-5-15.B are satisfied, to wit: JOHN DOE is unknown and has been no existent;
a. JOHN DOE has not established a parent-child relationship with the minor child;
b. Petitioner was the sole caretaker and provider for the minor child;
c. The Adoptee has resided with Petitioner since approzmiatley December 1, 2015;
d. The parent-child relationship between JOHN DOE and the Adoptee is non-existent;
e. A psychological parent-child relationship has developed between Petitioner and the Adoptee;
f. The Adoptee does not know JOHN DOE to desire any contact with JOHN DOE;
and
g. Petitioner desires to adopt the Adoptee and Adoptee desire Petitioner to adopt the Adoptee.
40. JOHN DOE has not provided financial support for the minor child since the minor child’s birth.
41. Pursuant to NMSA 1978 § 32-5-18.A (1993), consent to the termination of the biological father’s parental rights is not required from the biological father because such consent is implied by the fact that he left the Adoptee with Petitioner, Michelle Roybal, without provision for support and without communication for a period of time exceeding six months.
WHEREFORE Petitioner, MICHELLE ROYBAL, prays that this Court enter an Order as follows:
A. Terminating the parental rights of the biological father, JOHN DOE;
B. Permitting Petitioner to adopt the minor child. Santana Maria Roybal;
C. Entering a Decree of Adoption of the minor child, Santana Maria Roybal, by Petitioner;
D. Directing the New Mexico Department of Vital Statistics and Records to issue the Petitioner a new birth certificate listing Michelle Roybal as the parent of the minor child, Santana Maria Roybal; and
E. Issuing such other and further relief the Court deems just and proper.
Respectfully submitted,
THE LAW OFFICE OF ADAM OAKEY, LLC
/S/ Adam D. Oakey
ADAM D. OAKEY, ESQ
Adam D. Oakey
Attorneys for Petitioner
714 Tijeras Avenue NW
Albuquerque, New Mexico 87102
(505) 433-4953
VERIFICATION
STATE OF NEW MEXICO )
)ss.
COUNTY OF BERNALILLO )
I, Michelle Roybal, being first duly sworn upon my oath, hereby depose and state that I am the Petitioner in the above-entitled cause of action, that I have read, acknowledge and understand the contents of the Petition for Relative Adoption and Termination of Parental Rights of Biological Father and that it is true and correct to the best of my knowledge, information and belief.
/s/ Michelle Roybal
MICHELLE ROYBAL
Petitioner
SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me, the undersigned, Notary Public, by Michelle Roybal, on this 28th day of January, 2021.
/s/ Randy Gustave
NOTARY PUBLIC
My Commission Expires:
06/26/2022
(CERTIFIED SEAL)
HCS Pub. August 27, September 3, 10, 2021
