Fill and Sign the Civil Form 4 990

CIVIL FORM 4-990.Supreme Court ApprovedOctober 14, 20044-990[Section 40-10B-8 NMSA 1978]STATE OF NEW MEXICOCOUNTY OF _______________________________________ JUDICIAL DISTRICTNo. ________________________________________________[Petitioner] [Petitioners]v.________________________________RespondentIN THE MATTER OF THE GUARDIANSHIPOF ________________________________ 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. CIVIL FORM 4-990.Supreme Court ApprovedOctober 14, 20044.(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.[ ] 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.5.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._______________________ _____________________________DateDistrict 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. CIVIL FORM 4-990.Supreme Court ApprovedOctober 14, 2004 3 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.]