New Mexico Adoption Court Cases

New Mexico Court Case: Candelario v. De Lucero
This is an appeal from the judgment of the district court of Bernalillo county, appointing Juanita Candelaria de Lucero administratrix of the estate of Juanita Candelaria, deceased. The appellants are collateral kin of the deceased, who at the time of her death was a widow without lineal descendant. The appellee claimed the appointment as an heir by adoption. The cause originated in the probate court where appellee's petition was denied. Under stipulation...


New Mexico Court Case: Wallace v. Blanchard
The second point to be noticed is the contention that the poor laws of England, under which the putative father was required to support his bastard child, became by our adoption of the common law, a part of our law. This admitted, and there would be a basis for the contention that the putative father was entitled to the custody...


New Mexico Court Case: Heinrich v. Howe
The trouble with this argument is that appellants give too much significance to the language quoted from 1941 Comp. § 25-204, which was Sec. 1 of Chapter 32 Laws of 1893 heretofore quoted and none at all to Sec. 7 of that Act, which we have also quoted. Counsel for appellants overlooked Sec. 7 of the 1893 Act, perhaps because it does not appear in 1941 Comp. and the compilers' note to Sec. 25-209 says that said Section 7 was superseded...


New Mexico Court Case: Onsrud v. Lehman
The appellees place their principal reliance upon the Crosby case, supra. There the child involved had been born in lawful wedlock but the father had deserted the mother and the child shortly after its birth. The mother procured a divorce from the father on the ground of cruelty and custody of the child was awarded to the mother without any right of visitation by the father. The mother thereafter left the child with her foster parents and gave her written consent...


New Mexico Court Case: Guzman v. Avila
This controversy involves the custody of a nine-year-old child. The plaintiffs in error, to whom reference is hereinafter made as plaintiffs, filed their petition in the district court of Dona Ana County, to adopt one Yolanda Garcia, the natural daughter of Adela Garcia Avila and stepdaughter of Henry Avila, defendants in error hereinafter designated as defendants. At the conclusion of the trial the lower court dismissed the petition and plaintiffs contend that...


New Mexico Court Case: Barwin v. Reidy
Proceedings were brought for adoption of three children. The District Court of Bernalillo County, Robert W. Reidy, D. J., entered judgment restoring children to custody of their parents and the adoptive parents brought error. The Supreme Court, Lujan, C. J., held that the sale by parents of two of their children to adoptive parents constituted an "abandonment" of the children by the parents as a matter of law and gave District Court jurisdiction of petitions for adoption...


New Mexico Court Case: Tessier v. White
Briefly, the facts disclosed that the natural parents were divorced by a decree awarding custody of the child to the mother and requiring the father to pay the sum of $ 75.00 per month for child support. The father was given reasonable rights of visitation. Thereafter, the mother of the child married another. The father of the child made support payments...


New Mexico Court Case: Quintana v. Quintana
Appellees thereupon took custody of the children. About this time appellant left Las Vegas, where she, the children and the appellees all lived. She went to Albuquerque to look for work. Appellees have had custody of the children since February 24, 1965 and have fully supported and taken care of them. The petition for adoption of the children was filed...


New Mexico Court Case: In the Matter of Kira M.
Kira, now eleven years old, has been in the custody of the Department of Human Services (HSD) since August 1991. Her natural parents are divorced and remarried to new spouses. Kira first came to HSD's attention in May 1990, when HSD found she had been subjected to excessive discipline and emotional abuse in the home of her mother...


New Mexico Court Case: Adoption of J.J.B.
This case involves the contested adoption of a child placed for adoption by his mother without the knowledge of the child's father from whom she was separated. The case came to trial only after considerable delay, and after the child had lived for over one and one half years in the home of the couple seeking to adopt him. During this period of time the father...


New Mexico Court Case: Hill v. Patton
On July 24, 1937 we affirmed the judgment of the trial court in Crook v. Walker, 41 N.M. 438, 70 P.2d 764, denying the petition of Clarence and Bessie Crook in which they sought to adopt Billy Dee Hogue, the child here involved, and the custody of the child went to the mother, Geraldine Evans. On Aug. 25, 1937, Herbert N. and Elizabeth M. Hill filed a petition...


New Mexico Court Case: Huey v. Lente
Effect of Judgment of Adoption" was not included in the judgment. This is a clear indication that § 22-2-23 is vague, indefinite and uncertain. The child has been placed in limbo, without natural or adoptive parents, and without custody or guardianship. It denies the child the possibility of being placed in a new home and becoming part of a family. For many years, he may be cared for in an institution or be transferred from foster home...

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