STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT
No: D-202-DM-2022-3051
Efrain Moya and Rebecca Moya,
Kinship Guardians
IN THE MATTER OF THE KINSHIP GUARDIANSHIP OF
A.C.C. a Child, and concerning
Arty Carillo and Nicole Dimas
Respondent(s)
ORDER APPOINTING TEMPORARY KINSHIP GUARDIAN(S)
AND NOTICE OF HEARING
THIS MATTER came before the court ex parte on Aug 15, 2023 on Petitioner(s)’ Ex Parte Motion to Appoint Temporary Kinship Guardian(s) for the minor child(ren), and the court being sufficiently advised, FINDS:
1. Section 40-10B-7 NMSA 1978 of the Kinship Guardianship Act allows this court to appoint a temporary guardian ex parte on good cause shown, to serve for one hundred eighty (180) days.
2. A Petition to Appoint Kinship Guardian(s) has been filed regarding the following children:
Child’s Name – Aerick
Birth Year – 2016
Age – 7
3. Based on the Motion and the testimony @ this hearing there is good cause for the appointment of a temporary guardian and the Court is familiar with other proceedings for Kinship Guardianship
4. If a party files an objection to this Order and submits a copy to the assigned judge with a request for hearing, the court shall schedule a hearing to be held within ten (10) days of the date of the objection, as provided in Section 40-10B-7(C) NMSA 1978.
WHEREFORE IT IS ORDERED:
1. Petitioner(s) are appointed as the temporary kinship guardian(s) of the minor child(ren).
Child’s Name – Aerick
Birth Year – 2016
Age – 7
2. The appointment of temporary kinship guardianship shall expire in one hundred eighty (180) days from the date of the filing of this order or further order of this court, whichever occurs first.
3. The guardian(s) have the legal rights and duties of a parent except the right to consent to the adoption of the minor child(ren), as provided in Section 40-10B013(A) NMSA 1978.
4. The parental rights and duties of Arty Carillo , Nicole Dimas, pertaining to the child(ren) are hereby temporarily suspended.
5. Visitation between the legal parents and the minor child(ren), or any other persons, shall be at the discretion of the guardian(s), as provided in Section 40-10B-13(B) NMSA 1978;
6. Petitioner(s) shall immediately have the Petition to Appoint Kinship Guardian(s), this Ex Parte Order Appointing Temporary Kinship Guardian(s), and a copy of the summons personally served on each of the Respondents
7. Other orders:
8. A hearing on the Petition to Appoint Kinship Guardian(s) is set for: January 24, 2024 @ 8:30 AM for Final Order of Kinship Guardianship.
Dated this 15th day of Aug, 2023
/s/ Debra Ramirez
District Court Judge
CERTIFIED AS A TRUE AND CORRECT COPY OF THE ORIGINAL FILED IN MY OFFICE.
Clerk of the District Court
By: /s/ Barbara Montano
Deputy Clerk
Date 8-15-24
HCS Pub. August 18, 25, September 1, 2023
