LegalFix
Sign In

Section 32A-1-10 - Petition; who may sign.

NM Stat § 32A-1-10 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

A. A petition initiating proceedings pursuant to the provisions of Chapter 32 [32A], Article 2, 3B, 4 or 6 NMSA 1978 shall be signed by the children's court attorney.

B. An affidavit for an ex-parte custody order may be signed by any person who has knowledge of the facts alleged or is informed of them and believes that they are true.

History: 1978 Comp., § 32A-1-10, enacted by Laws 1993, ch. 77, § 19.

Decisions under prior law. — In light of the similarity of the provisions, annotations decided under former 32-1-18 NMSA 1978 have been included in the annotations to this section.

Petition held insufficient. — The district court erred in applying the provisions of the Probate Code to appellees' application for guardianship and in adjudicating the child to be neglected under procedural provisions outside the provisions of the Children's Code, because the petition alleging neglect, seeking removal of the child from the mother's custody and the appointment of guardians did not comply with the provisions of former Sections 32-1-17 and 32-1-18 NMSA 1978 (now Sections 32A-2-8 and 32A-1-10 NMSA 1978). In re Guardianship of Lupe C., 1991-NMCA-050, 112 N.M. 116, 812 P.2d 365.

Previous Section
Section 32A-1-9 - Venue and transfer.
Next Section
Section 32A-1-11 - Petition; form and content.