Legal Opinion · Dissent

Stanley J. v. Cliff L.

New Mexico Court of Appeals

Decided February 14, 2014No. 34,474; Docket No. 32,421Published

1DissentSutin, Judge

{25} At the outset, I observe that the Majority’s Opinion is silent, and the issues are apparently moot as to Adam, who turned eighteen in June 2013.

{26} I see two reasons that the district court should be affirmed. First, as a matter of law, extraordinary circumstances were present rendering the court’s appointment of Petitioners as guardians appropriate under Section 40-10B-8(B)(3). Second, under Section 40-10B-11(A), Children were permitted to nominate a guardian and, barring a finding by the district court that the appointment of their chosen guardian would be contrary to their best…

2Cases cited4 opinions

  1. Mayeux v. WinderNew Mexico Court of Appeals · 2005
  2. Slusser v. Vantage Builders, Inc.New Mexico Court of Appeals · 2013
  3. Freedom C. v. Brian D.New Mexico Supreme Court · 2012
  4. State ex rel. Children, Youth & Families Department v. Senaida C.New Mexico Court of Appeals · 2007

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