Fill and Sign the Enacting the Kinship Guardianship Act Be it Enacted by New Form

CIVIL FORMSSupreme Court Approved 4-986 October 14, 2004 4-986 [Kinship Guardianship Act, Sections 40-10B-1 to 40-10B-14 NMSA 1978] STATE OF NEW MEXICO COUNTY OF _______________ ___________________ JUDICIAL DISTRICT No. ____________ _____________________________, Petitioner 2 v. _______________ and ______________, Respondents 3 IN THE MATTER OF THE GUARDIANSHIP OF ________________________________ PARENTAL CONSENT TO APPOINTMENT OF GUARDIANAND WAIVER OF SERVICE OF PROCESS (Paternity not admitted) I __________________________ (name of parent) upon my oath or affirmation state: 1. RESPONDENT I, _______________________ ( list name), am a respondent in the above case and without admitting that I am the father of: Name: ___________________________________________ (Last name, first and middle) Date of birth: ___________________________________ Present address:________________________________ (street) ________________________________ (city) ________________________________ (state and zip code) I agree to the relief requested by the petitioners in the Petition for Order Appointing Kinship Guardian, a copy of which has been provided to me with this consent form. 2. MY AGREEMENT I understand that by signing this paper: CIVIL FORMSSupreme Court Approved 4-986 October 14, 2004 A. I am giving the petitioners any legal rights and duties I have if it is later established that I am the father of the child; B. if it is later determined that I am the father of the above child, I may be required to pay child support; C. I will have no rights to visitation of the above child; and D. if I want to terminate the kinship guardianship of the above child, I will have to prove that the circumstances surrounding the signing of this paper have changed and that it is in the best interest of my [child] [children] that the guardianship be terminated. 3. WAIVER OF RIGHT TO SERVICE OF SUMMONS AND PETITION I have copies of the Petition for Order Appointing Kinship Guardian filed in this case and waive service of the summons and additional pleadings. I have not been given anything in exchange for signing this consent form. 4. RIGHT NOT TO SIGN I UNDERSTAND THAT I DO NOT HAVE TO SIGN THIS CONSENT FORM AND THAT I HAVE THE RIGHT TO CONTEST THIS ACTION. I AM KNOWINGLY AND VOLUNTARILY SIGNING THIS FORM. When I sign below, I am telling the judge that I have read this document and agree with everything in it. I state upon my oath or affirmation that this document and the statements in it are true and correct to the best of my information and belief. 5. RIGHT TO WITHDRAW CONSENT I understand that I may withdraw this consent at any time before the court enters an order granting the petition for kinship guardianship by filing with the court a motion notifying the court of my withdrawal of consent. ____________________________________________ Respondent's signature ____________________________________________ Printed name Address: ________________________________ ________________________________ ________________________________ CIVIL FORMSSupreme Court Approved 4-986 October 14, 2004 3 Telephone: ______________________ STATE OF NEW MEXICO ) ) ss COUNTY OF _________________ ) Acknowledged, subscribed and sworn to before me this _____ day of _____________, _____ by _________________, the petitioner. My commission expires: ________________________________ _____________________. Notary Public USE NOTE 1. This form should be used by a respondent who has not admitted paternity, but has no objection to an order appointing the petitioners as kinship guardians. [Provisionally approved, effective August 15, 2003 until August 31, 2004; approved, October 14, 2004.]