N.M. R. Child. Ct. 10-562

Download

PDF

As amended through November 1, 2024

Rule 10-562 - Motion to intervene

[For use with Rule 10-122 NMRA] STATE OF NEW MEXICO

COUNTY OF _______________

__________________ JUDICIAL DISTRICT

IN THE CHILDREN'S COURT

STATE OF NEW MEXICO ex rel.

CHILDREN, YOUTH AND FAMILIES DEPARTMENT

No. __________

In the Matter of

_______________________________ , (a) Child(ren), and Concerning

_______________________________ , Respondent(s).

MOTION TO INTERVENE

COMES NOW, __________ , Movant, by his/her/its counsel, _______________ , and moves this Court for an order allowing ____________ to intervene in this matter as a party and to fully participate in these proceedings. In support of this motion, Movant states as follows:

1. The Court has jurisdiction of the parties and subject matter herein.

(Check as applicable)

[ ] 2. Movant is allowed to intervene as a matter of right because:

a. Movant is a parent who has not been named as a party; or

b. Movant is ____________ 's (name(s) of child(ren)) Indian tribe;

[ ] 3. Permissive intervention should be granted by the Court because:

a. Movant has the following relationship with __________ (name(s) of child(ren)):

(Check as applicable)

___ foster parent with whom the child(ren) has/have resided for at least six (6)months;

___ a relative within the fifth degree of consanguinity with whom the child(ren) has/have resided;

___ a stepparent with whom the child(ren) has/have resided;

___ a person who wishes to become the child(ren)'s permanent guardian;

___ a guardian or custodian of the child(ren); or

___ a person who has a constitutionally protected liberty interest in the proceedings and the disposition of the action may impair or impede Movant's ability to protect that interest.

b. Movant's rationale for the proposed intervention is:

_____________________________________________________________________

and the pleading is attached setting forth the claims or defenses for which intervention is sought.

c. The intervention is in the best interest of ____________ (name(s) of child(ren)), and (Check as applicable)

___ the Children, Youth and Families Department does not have a viable plan for reunification and/or

___ the intervention will not impede the progress of the reunification plan.

4. The intervention will not unduly delay or prejudice the adjudication of the rights of the original parties.

____________________ ________________________________

Date Attorney for intervenor

________________________________

Attorney's address

________________________________

Attorney's telephone number

(To be completed by proposed intervenor who is not represented by an attorney) ____________________ ________________________________

Date Signature of proposed intervenor

________________________________

Name of proposed intervenor (printed)

________________________________

Street address

________________________________

City

________________________________

State and Zip Code

________________________________

Telephone number of proposed interveno

USE NOTES

1. Use bracketed material if the proposed intervenor is represented by an attorney. If an attorney signs this pleading, the signature, name, address, and telephone number of the proposed intervenor are not required.

[Approved, effective August 1, 1997; 10-457 recompiled and amended as 10-562 by Supreme Court Order No. 14-8300-009, effective for all cases filed or pending on or after December 31, 2014.]

N.M. R. Child. Ct. 10-562

ANNOTATIONS The 2014 amendment, approved by Supreme Court Order No. 14-8300-009, effective December 31, 2014, provided allegations to support the motion; in the "For use with" note, changed "10-312" to "10-122"; changed the caption of the case; deleted the former first paragraph, which provided that the named person as a parent of the child requested permission to intervene as a party and added the current language of the form; in the sentence following the attorney for intervenor signature block, and in the following signature block and Use Note, changed "[parent]" to "proposed intervenor". Recompilations. - Pursuant to Supreme Court Order No. 14-8300-009, former Form 10-457 NMRA was recompiled and amended as Form 10-562 NMRA, effective December 31, 2014.