STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT
No. D-202-DM-2022-01250
JASEN KOTEEN; JEANETTE KOTEEN, Petitioner(s)
IN THE MATTER OF THE KINSHIP GUARDIANSHIP OF
AALIAH RICAFORT; JOZIAH RICAFORT, 1 (a) Child(ren), and concerning ROD RICAFORT; JENNIFER RICAFORT, Respondent(s).
ORDER APPOINTING
KINSHIP GUARDIAN(S)
THIS MATTER came before the Court on the Petition To Appoint Kinship Guardian(s) for the minor child(ren). Petitioner(s) Jasen Koteen; Jeanette Koteen (name(s) of Petitioner(s)) appeared pro se. Respondent 1, Jennifer Ricafort (name of Respondent 1), [ X ] did not appear. Respondent 2, Rod Ricafort (name of Respondent 2), [X] did not appear.
The Court having reviewed the petition, 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. All necessary parties have been given adequate notice of the proceedings.
3. The name and age of the minor child(ren) are as follows:
Child’s name Joziah R. Ricafort Age 7
Aaliah Z. Ricafort Age 5
4. Petitioners are the minor children’s grandparents and are proper persons to be Kinship Guardians under the Kinship Guardianship Act.
5. (Select all that apply)
[X] Respondent 1 is the minor child(ren)’s legal parent and
[X] consents to the appointment of Petitioner(s) as the guardian(s);
[X] Respondent 2 is the minor child(ren)’s legal parent and
[X] the minor child(ren) has/have resided with Petitioner(s) for at least ninety (90) days prior to filing the petition to appoint kinship guardian(s), 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. Petitioner(s) is/are providing appropriate care, maintenance, and supervision for the minor child(ren).
7. The Indian Child Welfare Act, 25 U.S.C. §§ 1901 to 1963,
[X] does not apply to this matter
8. The requirements of Section 40-10B-8(B) NMSA 1978 have been proven by clear and convincing evidence.
9. It is in the minor children’s best interests that Petitioners be appointed as the minor children’s kinship guardians.
10. Other: Petitioners have attempted to serve Respondent/Father through mail and other means but have been unable to find him. He has had no contact with the children for over seven months. Petitioners will publish notice in the Health City Sun per a separate order.
WHEREFORE IT IS ORDERED:
1. Petitioner(s) is/are appointed as the kinship guardian(s) of the minor child(ren).
2. The appointment of kinship guardianship shall remain in effect until the minor children reaches the age of eighteen (18) or until further order of the court, whichever comes first.
3. Under Section 40-10B-13(A) NMSA 1978, Petitioners have the legal rights and duties of a parent except the right to consent to the adoption of the minor children.
4. Respondents’ parental rights pertaining to the minor children are hereby suspended until further Order of the Court.
5. Visitation shall be as follows:
[X] Pursuant to the Kinship Guardianship Act, NMSA 1978 §40-10B-13(B), visitation between the legal parents and the minor child(ren), or any other persons shall be at the discretion of the guardian(s);
6. Child Support shall be as follows:
[X] No child support is ordered because Petitioners waive a request for child support at this time, but reserve their right to request child support at a later time;
/s/ Jane C. Levy
JANE C. LEVY
District Court Judge
8-8-2022 DC
HCS Pub. August 19, 26, September 2, 2022
