Legal Opinion

In re the Adoption of Awtrey

New Mexico Court of Appeals

Decided October 22, 1992No. 13613Published

1Opinion of the Court

OPINION

BLACK, Judge.

Ted and Wanda Awtrey (Petitioners) appeal the trial court’s order dismissing their adoption petition for lack of jurisdiction. The issue here is whether Petitioners come within the placement exception of NMSA 1978, Section 40-7-34(A)(3) (Repl.Pamp.1989). We hold that they do, and reverse the trial court’s order of dismissal.

Three children are the subject of these proceedings. In April 1987, the older two children were left by their mother with her brother and his wife, Petitioners. Petitioners contacted the Human Services Department (the Department), which investigated and…

2Cases cited7 opinions

  1. State Ex Rel. Klineline v. BlackhurstNew Mexico Supreme Court · 1988
  2. Security Escrow Corp. v. State of Taxation & Revenue DepartmentNew Mexico Court of Appeals · 1988
  3. In Re Adoption of Duren v. HicksSupreme Court of Missouri · 1947
  4. Matter of Adoption of John DoeNew Mexico Court of Appeals · 1982
  5. Perez v. Health and Social ServicesNew Mexico Court of Appeals · 1977

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