Page 1 of 2 4-990 [Section 40-10B-8 NMSA 1978] STATE OF NEW MEXICO COUNTY OF ________________________ _______________ JUDICIAL DISTRICT No. ____________ ____________________________________ [Petitioner] [Petitioners] v. ________________________________ Respondent IN THE MATTER OF THE GUARDIANSHIP OF ________________________________ ORDER APPOINTING KINSHIP GUARDIAN WITHOUT CONSENT OF BOTH RESPONDENTS1 The court has reviewed the sworn petition for appointment of _________________ [and ___________________] as [guardian] [guardians] of above minor child. The court having considered the petition, FINDS that the court has jurisdiction and that: 1. The [petitioner is] [petitioners are] ______________________ (state the relationship) of the above named child. 2. The child has resided with the petitioner without a parent for ninety (90) or more days immediately preceding the date the petition was filed. 3. (Check and complete applicable alternative.) [] ____________________ (name of respondent) has been served with a summons and Petition for Order Appointing Kinship Guardian.2 [] ___________________ (name of mother) has been served by publishing notice of this proceeding as ordered by the court.3 [] The child's mother has not appeared in this proceeding and has not signed a Parental Consent to Appointment of Guardian and Waiver of Service of Process. [] The child's mother has consented to the appointment of [a guardian] [guardians] for her [child] [children] and the consent is filed with the court. 4. (Check and complete applicable alternative.) [] ____________________ (name of respondent) has been served with a summons and Petition for Order Appointing Kinship Guardian.2 [] ___________________ (name of father) has been served by publishing notice of this proceeding as ordered by the court.4 [] The child's father has not appeared in this proceeding and has not signed a Parental Consent to Appointment of Guardian and Waiver of Service of Process. American LegalNet, Inc. www.FormsWorkflow.com http://www.supremecourt.nm.org/supctforms/dc-civil/VIEW/4-990.html 3/14/2007 Page 2 of 2 [] [] 5. The child's father has consented to the appointment of [a guardian] [guardians] for his [child] [children] and the consent is filed with the court. The child's father is unknown. The [petitioner] [petitioners] shall be appointed as the kinship [guardian] [guardians] of the child. (Check and complete applicable alternative.) 6. [] The [petitioner has] [petitioners have] not requested child support. [] The [petitioner] [petitioners] and _________________ (name of respondent) have agreed to child support as follows: ________________ _____________________________________________. [] The [petitioner] [petitioners] and _________________ (name of respondent) have agreed to visitation as follows: _____________________ ________________________________________________ _______________________________________________. IT IS SO ORDERED. _______________________ Date _____________________________ District court judge USE NOTES 1. Unless the parent's parental rights have been terminated or the parent is deceased, this form is to be used if a respondent has not appeared in the proceedings and has not signed a Parental Consent to Appointment of Guardian and Waiver of Service of Process. Use Civil Form 4-986 NMRA if both parents have signed a Parental Consent to Appointment of Guardian and Waiver of Service of Process. 2. See Rule 1-004 NMRA for personal service of process. See also Civil Form 4-982 NMRA for the form of summons used in kinship guardianship proceedings. 3. If the respondent has not been personally served with process, the court does not need to determine paternity of the child prior to signing this order. 4. See Rule 1-004 NMRA and Civil Forms 4-209 and 4-209A for service by publication. [Provisionally approved, effective August 15, 2003 until August 31, 2004; approved, October 14, 2004.] American LegalNet, Inc. www.FormsWorkflow.com http://www.supremecourt.nm.org/supctforms/dc-civil/VIEW/4-990.html 3/14/2007