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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 ERIC CHILDERS,

3 Petitioner-Appellee,

4 v. NO. 34,311

5 DEANDRA CHILDERS,

6 Respondent-Appellee,

7 and

8 RICHARD and MARTHA TEAKELL,

9 Physical Custodians-Appellants,

10 and

11 GARY CHILDERS,

12 Intervenor-Appellee.

13 APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY

14 David P. Reeb, Jr., District Judge

15 Eric Childers

16 Portales, NM
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2

1 Pro Se Petitioner-Appellee

2 Deandra Childers

3 Clovis, NM

4 Pro Se Respondent-Appellee

5 Trujillo Dodd, Torres, O’Brien, Sanchez, LLC

6 Donna Trujillo Dodd

7 Albuquerque, NM

8 for Physical Custodians-Appellants

9 Harmon, Barnett & Morris, P.C.

10 Jared Morris

11 Clovis, NM

12 for Intervenor-Appellee

13 MEMORANDUM OPINION

14 WECHSLER, Judge.

15 {1} Appellants Richard and Martha Teakell (Maternal Grandparents) appeal from

16 the district court’s ruling that appoints them as the child’s kinship guardians, and

17 allows Appellee-Intervenor Gary Childers (Paternal Grandparent) visitation rights.

18 [RP 292] Our notice proposed to affirm, and Maternal Grandparents filed a

19 memorandum in opposition. [Ct.App.File, pink clip]

20 {2} In their docketing statement, Maternal Grandparents raised issues (A)-(E),

21 which our notice proposed to summarily affirm. In their memorandum in opposition,

22 Maternal Grandparents do not dispute our notice’s proposed resolution of issues (A),
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3

1 (C), and (D). [MIO 1] Thus, for the same reasons detailed in our notice, we affirm

2 these issues.

3 {3} With regard to issue (B), Maternal Grandparents continue to argue that “there

4 was inadequate notice . . . to proceed on Intervener’s (sic) [Paternal Grandparent]

5 issues.” [MIO 2; DS 4] In particular, Maternal Grandparents assert that neither

6 Petitioner(Father) and Respondent (Mother) northemselves were provided adequate

7 notice of the guardianship matters that were addressed at the September 19, 2014

8 hearing. [MIO 2, 3] See generally State ex rel. Children, Youth & Families Dep’t v.

9 Mafin M., 2003-NMSC-015, ¶ 17, 133 N.M. 827, 70 P.3d 1266 (“The question of

10 whether an individual was afforded due process is a question of law that we review

11 de novo.”). 

12 {4} As for any asserted inadequate notice to Father and Mother ofthe guardianship

13 matter addressed at the September 19, 2014 hearing, as we stated in our notice, we

14 know of no authority, and Maternal Grandparents have provided us with none, for the

15 proposition that Maternal Grandparents have standing to raise arguments on behalf

16 of parents. See generally In re Adoption of Doe, 1984-NMSC-024, ¶ 2, 100 N.M. 764,

17 676 P.2d 1329 (stating that where a party cites no authority to support an argument,

18 we may assume no such authority exists); see also Kimbrell v. Kimbrell, 2014-

19 NMSC-027, ¶¶ 18-19, 331 P.3d 915 (recognizing that a parent in a custody dispute

20 does not have standing to sue on behalf of a child). We note too that, although this

21 case began with a petition for legal separation between Father and Mother, the district

22 court had authority to consider the guardianship matter that arose in the course of the

23 proceedings relating to the petition for legal separation. See Lyndoe v. D.R. Horton,

24 Inc., 2012-NMCA-103, ¶ 12, 287 P.3d 357 (providing that our district courts “are

25 courts of general jurisdiction having the power to hear all matters not excepted by the

26 constitution and those matters conferred by law”).

27 {5} We further continue to disagree with Maternal Grandparents’ argument that

28 they were not afforded adequate notice of the matters to be addressed at the hearing.

29 As discussed in our notice, while this case began as a petition for legal separation

30 between Father and Mother [RP 1], the district court determined that neither parent

31 could provide a safe home for the child and awarded temporary sole care and control

32 to Maternal Grandparents. [RP 28-29] Paternal Grandparent intervened [RP 89, 143,

33 288] and approximately seven months before the September 19, 2014 hearing, filed
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4

1 a motion to modify the temporary custody order in favor of Maternal Grandparents

2 to instead give Paternal Grandparent custody or, at a minimum, to allow Paternal

3 Grandparent visitation rights. [RP 84] In turn, Maternal Grandparents, who also

4 intervened [RP 256, 288], disputed any visitation rights being extended to Paternal

5 Grandfather and filed a counter motion to be appointed as kinship guardians. [RP 98,

6 101] The hearing to address the dispute between the grandparents was held on

7 September 19, 2014. [RP 165, 254, 263, 268, 269] Given that all of the grandparents

8 had filed motions relating to visitation and custody of the child, and that a hearing

9 had been scheduled to address these matters, we conclude that Maternal Grandparents

10 were afforded adequate notice. We affirm.

11 {6} With regard to issue (E), Maternal Grandparents continue to assert that the

12 district court “did not enter a visitation plan in the best interests of the child.” [MIO

13 3; DS 5] Again, other than generally aver that error occurred and that the visitation

14 plan “is not appropriate for a 4 year old child” [MIO 3], Maternal Grandparents have

15 failed to articulate with specificity the basis of their argument. See generally State v.

16 Aragon, 1999-NMCA-060, ¶ 10, 127 N.M. 393, 981 P.2d 1211 (stating that there is

17 a presumption of correctness in the rulings or decisions of the district court and the

18 party claiming error bears the burden of showing such error); Headley v. Morgan

19 Mgmt. Corp., 2005-NMCA-045, ¶ 15, 137 N.M. 339, 110 P.3d 1076 (stating that this

20 Court has no duty to review inadequately developed arguments). Perceiving no error

21 or abuse of discretion, we affirm. 

22 {7} To conclude, for the reasons addressed above and extensively detailed in our

23 notice, we affirm.

24 {8} IT IS SO ORDERED.

25 ________________________________

26 JAMES J. WECHSLER, Judge
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5

1 WE CONCUR:

2 ________________________________

3 MICHAEL E. VIGIL, Chief Judge

4 ________________________________

5 CYNTHIA A. FRY, Judge