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FREEDOM C. v. JULIE ANN D.

No. 30,041.

252 P.3d 812 (2011)

2011-NMCA-040

FREEDOM C., Petitioner-Appellant, v. JULIE ANN D., Respondent, and Brian D. and Peggy D., Petitioners-Appellees. In the Matter of the Guardianship of Patrick D., a child.

Court of Appeals of New Mexico.

Certiorari Granted, No. 32,944, May 3, 2011.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, P.A., Edward Ricco , Jocelyn Drennan , Albuquerque, NM, for Appellant.

The Pickett Law Firm, LLC, Mark L. Pickett , Las Cruces, NM, for Appellees.

OPINION

SUTIN, Judge.

{1} Freedom C. (Father) appeals an order denying him custody of his and Julie Ann D.'s (Mother) child (Child) and granting guardianship with legal and physical custody to Mother's parents, Brian D. and Peggy D. (Grandparents), pursuant to the Kinship Guardianship Act (the Act), NMSA 1978, §§ 40-10B-1 to -15 (2001). Father complains that the district court erred in applying the Act in what was a custody battle...

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