{"data":{"id":"us-nm/40-10b-6","jurisdiction":"us-nm","citation":"40-10B-6","heading":"Service of petition; notice; parties.","body":"A. The court shall set a date for hearing on the petition, which date shall be no less than thirty and no more than ninety days from the date of filing the petition.\nB. The petition and a notice of the hearing shall be served upon:\n(1) the department if there is any pending matter relating to the child pursuant to the provisions of the Children's Code [Chapter 32A NMSA 1978];\n(2) the child if the child has reached the age of fourteen;\n(3) the parents of the child;\n(4) a person having custody of the child or visitation rights pursuant to a court order; and\n(5) if the child is an Indian child or there is reason to know the child is an Indian child subject to the provisions of the Indian Family Protection Act [32A-28-1 to 32A-28-42 NMSA 1978], the appropriate Indian tribe and any \"Indian custodian\", together with a notice of pendency of the guardianship proceedings, pursuant to the provisions of the Indian Family Protection Act.\nC. Service of process required by Subsection A of this section shall be made in accordance with the requirements for giving notice of a hearing pursuant to Subsection A of Section 45-1-401 NMSA 1978.\nD. The persons required to be served pursuant to Subsection B of this section have a right to file a response as parties to this action. Other persons may intervene pursuant to Rule 1-024 NMRA.","path":["Chapter 40 - Domestic Affairs","ARTICLE 10B Kinship Guardianship"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18540/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"3005e67ad39f4a5f91cf0774530e70e81e17300fd024c2c7060905a3348de4ec","source_id":"us-nm","stale":false,"prev":"us-nm/40-10b-5","next":"us-nm/40-10b-7"},"notice":"GroundRules: Original legal text. Not legal advice."}