Gutierrez v. NM dept public welfare: 66 years of age and sought to adopt his two 8-year-old granddaughters.

The mere convenience of the person adopting is not determinative. Natural parents have no property right in their children, and the paramount issue in an adoption proceeding is the welfare of the child. find no evidence as to how the proposed adoption will affect the emotional well-being of the children, nor was there any affirmative testimony as to any feeling by the petitioner of love or affection for the two children. A person can adopt a spouses child, without terminating the rights of the natural parent, when the adoptee and stepparent have lived together for one year after they marry. N.M. Stat. Ann. 32A-5-32 Marriage rights in New Mexico are contracted between the wife and husband. N.M. Stat. Ann. 40-2-1 Francisco: Best interests of child are paramount in child custody cases (deciding that ct may grant visitation rights when another party is granted full custody of child bc an unspecific statute does not limit the courts authority to grant a decree if that decree is in the childs best interests). Leszinski v. Poole: deciding that a woman and her uncles marriage does not preclude the woman from obtaining primary custody of her biological child, and that an incestuous marriage performed outside of New Mexico was not sufficiently contrary to the states public policy to outweigh the comity rule
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Chaterjee v. King: deciding that the former same-sex partner of a womanwhere neither woman was the childs biological mothercould establish parentage for purposes of custody within the meaning of the Uniform Parentage Act

(UPA). This holding was supported by New Mexico's public policy to encourage the support of children. 32A-5-32. Stepparent adoptions: A person can adopt a spouses child, without terminating the rights of the natural parent, when the adoptee and stepparent have lived together for one year after they marry. (other provisions simply state what needs to happen if child has lived with spouse for 1 yr.) Merrill v. Davis: Appellant ex-wife sought review of the property settlement and denial of alimony by the District Court of McKinley County (New Mexico) following her second divorce from appellee ex-husband. The trial court determined that there was no implied contract to pool the resources the parties acquired when they cohabited prior to remarriage and that the ex-wife was not entitled to alimony based on a stipulation reached between the parties. Dion v. Riser: Ausi jdgmt declaring that woman was de facto spouse of a NM decedent under Australian law did not create a marriage recognizable under NM law, which didnt recognize CL marriage, such that woman could be considered a surviving spouse under NM law. A de facto spouse was not the same as a common law spouse under Australian law; therefore, N.M. Stat. Ann. 40-1-4 did not require the court to recognize the woman as a spouse for purposes of N.M. Stat. Ann. 45-3-203(A) (1975). IN RE BIVIANS: After a trip to several states, the decedent and the wife announced they were married, even though they hadnt had valid ceremonial marriage. After they separated 1 yr before decedent's death, wife executed/delivered to decedent deed on prop. The TCt found they consummated marital relationship, deed was invalid bc of no consideration, WEBBER:deciding that trial ct didnt err in granting adoption to stepfatherafter he filed for the adoption, separated from the childrens natural mother, and then did not revoke the petitioneven though the Adoption Acts one-year provision was not met because the provision was

only a statutory prerequisite intended to ensure the childs best interests AC v. BC: Pg # 587: domestic partner filed motion to reopen complaint for joint custody of a child, orto enforce a coparenting agmt bw petitioner and biological mother of child. Dist ct found P had no enforceable rights; even if contractual relationship existed, wasnt in the best interest of the child. Ct remanded to determine merits of Ps motion/rights, if any, to shared custody of or visitation w/child, subject to the best interest of the child.