Form 4A-510. Order appointing temporary kinship guardian(s).

STATE OF NEW MEXICO COUNTY OF ____________________ ________________ JUDICIAL DISTRICT ______________________________, Petitioner(s) No. _________________ IN THE MATTER OF THE KINSHIP GUARDIANSHIP OF ____________________________,1 (a) Child(ren) (use initials only), and concerning ____________________________, Respondent #1, ____________________________, Respondent #2. ORDER APPOINTING TEMPORARY KINSHIP GUARDIAN(S) [ ] AND NOTICE OF HEARING THIS MATTER came before the court on Petitioner(s)’ motion to appoint temporary kinship guardian of the minor child(ren). Petitioner(s), __________________ (name(s) of Petitioner(s)), appeared pro se. Respondent #1, __________________ (name of Respondent #1), [ ] appeared pro se [ ] did not appear. Respondent #2, __________________ (name of Respondent #2), [ ] appeared pro se [ ] did not appear. The court having reviewed the motion, 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. 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(s) has been filed with this court. 4. Respondent #1 [ ] consents to the appointment of Petitioner(s) as the guardian(s); OR [ ] does not consent to the appointment of Petitioner(s) as the guardian(s) and the minor child(ren) has/have resided with Petitioner(s) for at least ninety (90) days prior to filing the Petition for Kinship Guardianship, and Respondent #1 was not residing in the home and is unable or unwilling to provide appropriate care, maintenance, and supervision for the minor child(ren); OR [ ] extraordinary circumstances justify granting the guardianship.2 5. Respondent #2 [ ] consents to the appointment of Petitioner(s) as the guardian(s); OR [ ] does not consent to the appointment of Petitioner(s) as the guardian(s) and the minor child(ren) has/have resided with Petitioner(s) for at least 90 days prior to filing the Petition for Kinship Guardianship, 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); OR [ ] extraordinary circumstances justify granting the guardianship.2 6. It is in the minor child(ren)’s best interests that Petitioner(s) be appointed as the minor child(ren)’s temporary guardian(s). 7. [ ] A guardian ad litem shall be appointed. 8. Other: __________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ WHEREFORE IT IS ORDERED: 1. Petitioner(s) is/are appointed as the temporary kinship guardian(s) of the minor child(ren). 2. 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. 3. Under Section 40-10B-13(A) NMSA 1978, Petitioner(s) has/have the legal rights and duties of a parent except the right to consent to the adoption of the minor child(ren). 4. Respondents’ parental rights pertaining to the minor child(ren) are temporarily suspended until further order of the court. This means that while the guardianship is in effect, the guardian(s) have the right to make all decisions about the health, education, and welfare of the child(ren) unless otherwise ordered by the court. 5. Interim visitation shall be as follows: [ ] Visitation between the legal parents and the minor child(ren), or any other persons, shall be at the discretion of the temporary guardian(s) as provided in Section 40-10B-13(B) NMSA 1978; OR [ ] Visitation shall be as follows: ___________________________________ ___________________________________________________________________ ___________________________________________________________________ 6. Interim child support shall be as follows: [ ] No child support is ordered at this time; OR [ ] Child support is ordered as follows: ______________________________ ___________________________________________________________________ ___________________________________________________________________ 7. [ ] As this is a contested case, a guardian ad litem shall be appointed. A separate order will be entered appointing the guardian ad litem.3 8. Other: ___________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ 9. A hearing on the Petition to Appoint Kinship Guardian is set for: _____________ ___________________________________________________________________ _______________________________ District Judge