There are 6 things that you need to know about Kinship Guardianship cases in Albuquerque, New Mexico.
These 6 elements increase your understanding of the Kinship Guardianship Act in NM.
In turn, this information enables you to create the strongest guardianship case possible.
ALMOST ANYONE CAN BECOME A GUARDIAN
Are you caring for a child and are considering guardianship? If so, almost anyone over twenty-one can become a legal guardian.
In other words, you are not required to be the child’s family member to become the child’s guardian.
Commonly, grandparents or relatives seek guardianship. With that said, any appropriate caregiver can be appointed guardianship.
PARENTS MUST BE UNWILLING OR UNABLE TO CARE FOR THE CHILD
Do you want to become a child’s guardian in Albuquerque, NM? If yes, the child’s parents must be either unwilling or unable to care for the child.
At times, the child’s parents do not wish to care for the child. In this situation, the parents are unwilling to provide adequate care, maintenance, and supervision.
In other cases, the parents desire to care for the child, but are unable to do so. For whatever reason, the parents are unfit to care for the child.
Sometimes, the parents are unfit due to drug or alcohol abuse. In other cases, the parents are unfit because of mental health issues, incarceration, or a dangerous home environment.
Are you currently caring for a child? If so, are the child’s parents contesting/fighting guardianship? In this situation, you must show that the parents are unable to provide the child with care and support.
THE CHILD MUST BE IN YOUR HOME
Are you seeking guardianship over a child in your care? If yes, the child must currently be living in your home.
You see, the Kinship Guardianship Act lacks the power to remove a child from a parent’s home. In this regard, the child must be living in the proposed guardian’s home before guardianship is requested.
Commonly, the child’s parents willingly place the child in the caregiver’s home. Less commonly, CYFD may remove the child from the parent’s home.
Nevertheless, the child must currently be living in the caregiver’s home when guardianship is requested.
90 DAYS STRENGTHENS YOUR CASE
Are you seeking legal guardianship over a child in your care? Are the parent’s contesting/fighting guardianship?
If yes, you need to show that the parents are unable to adequately care for the child. Under New Mexico law, you will have a smoother path to receiving temporary guardianship if the child has been living in your home for 90 consecutive days without the parents.
With that said, in extraordinary cases, guardianship can be granted without the 90-day element. For example, guardianship may be granted without a child living in the caregiver’s home for 90 days under emergency situations.
Extraordinary circumstances may include severe addiction, homelessness, instability, incarceration, or any other issue that make the parents unfit to care for the child.
Ultimately, every case is different. Accordingly, it is essential to speak with an experienced guardianship attorney about your unique case facts.
GALs ARE OFTEN NEEDED
Even when guardianship is contested, temporary guardianship is granted when the court finds that the child’s parents are unfit to care for the child.
Under NM guardianship laws, temporary guardianship lasts for 180 days, or until the case is decided.
In cases where guardianship is contested – and temporary guardianship is granted – the court must appoint a GAL is appointed.
The GAL (Guardian Ad Litem) investigates the circumstances. In doing so, the GAL determines if the child is best served by continued and permanent guardianship.
The GAL process commonly takes around three months to complete. During this time, the GAL conducts a thorough investigation regarding the child’s best interests.
In doing so, the GAL commonly:
- Visits the parents and guardians homes;
- Reviews drug or alcohol test results;
- Speaks with close family members, teachers, or counselors; and
- Reviews any information needed to determine the child’s best interests.
The GAL then submits Recommendations regarding guardianship. These recommendations either propose for guardianship to continue, or end.
Ultimately, the GAL’s recommendations are based on the child’s best interests. Moreover, the GAL’s recommendations are highly influential to the appointed judge.
GRANTING GUARDIANSHIP IS EASY – ENDING IT CAN BE HARD
Granting guardianship can be quick and relatively easy. In this regard, parents can consent to the guardianship either in court, or in writing.
At that point, the guardianship should be granted without any issues.
Nevertheless, ending Kinship Guardianship can be difficult, expensive, and time-consuming.
You see, once guardianship is granted it can be difficult to end/revoke guardianship when the guardian fights the process. The difficulty increases as the time of guardianship increases.
Are you a parent trying to end/revoke guardianship? If so, is the guardian refusing to end the guardianship?
In this case, you need to file a motion to revoke the guardianship. This motion must include a transition plan that suggests how the child will be transitioned back into the parent’s home.
Ultimately, the court must find that circumstances have changed, and that the child is best served by revoking guardianship.
Like appointing guardianship that is opposed, revoking guardianship usually requires a GAL to become involved. Like appointing guardianship, the GAL investigates the child’s best interests.
In doing so, the GAL investigates the circumstances. Ultimately, the GAL makes recommends if guardianship should continue, or end. Once again, the GAL’s recommendations are highly influential to the appointed judge.
Check out this video for more information on establishing and revoking kinship guardianship:
TOP KINSHIP GUARDIANSHIP ATTORNEY NEAR ME IN ALBUQUERQUE, NEW MEXICO
Are you looking for one of Albuquerque’s top guardianship attorneys? If so, you have come to the right place.
Our legal team has the trial-tested experience to handle the most complex guardianship cases. For over a decade, Sanchez has handled guardianship across New Mexico. Sanchez routinely handles guardianship cases in Los Lunas/Belen, Rio Rancho, and Santa Fe.
Are you trying to establish guardianship for a child in your care? Alternatively, are you a loving parent that wants to revoke/end guardianship in New Mexico? In either situation, call one of New Mexico’s best guardianship attorneys.
Call (505) SANCHEZ.
