Caretakers often wonder how to get emergency guardianship in Albuquerque, New Mexico.
Are you caring for a child? Are the parents currently unfit?
In other words, are the parents unable to provide the child with adequate care, maintenance, and supervision?
Finally, do the parents pose an immediate threat of harm to the child?
Do these questions apply to your caretaker situation? If so, you may be eligible to get emergency guardianship in New Mexico.
Let’s explore when and how to get emergency guardianship in Albuquerque, New Mexico
HOW TO GET EMERGENCY GUARDIANSHIP IN ALBUQUERQUE, NEW MEXICO
In certain situations, caretakers can get emergency guardianship in Albuquerque, New Mexico. Under the Kinship Guardianship Act, certain caretakers are eligible for guardianship over a child.
First, the caretaker must be twenty-one or older.
Next, the child must be living in the caretaker’s home. In other words, the kinship guardianship act cannot remove a child from a parent’s home.
In extreme situations, caretakers can step into a parent’s shoes and assume parental rights.
Emergency guardianship is requested through a petition, or legal request.
The petition/request is coupled with an urgent motion. The motion outlines the extreme facts. In doing so, the motion outlines how the child faces immediate danger if returned to the parents.
The legal documents are filed in the county where the caretaker lives. A judge is assigned. This judge reviews the petition’s facts. In doing so, the judge decides if the child faces an immediate threat of danger.
If yes, the judge may sign an ex parte order (order without a hearing) that grants guardianship. This ex parte order grants the caretaker temporary, emergency guardianship.
WHAT DOES EMERGENCY GUARDIANSHIP MEAN?
Emergency guardianship means that the court can grant guardianship without a hearing. The urgent guardianship can be granted by an ex parte order.
This order grants guardianship without a hearing.
Emergency guardianship can be granted when:
- A child is living in the caretaker’s home;
- The child’s parents are currently unfit to care for the child; and
- The parents pose an immediate threat of harm to the child.
A parent may unfit for several reasons. First, a parent may have severe drug or alcohol dependency. In turn, the parent’s ability to care for the child may be impacted by the chemical dependency.
Next, a parent may be homeless.
Finally, a parents may be unstable, violent, or unable to properly care for the child.
In essence, the parents are unfit to care for the child. Moreover, the child faces an immediate threat of danger by being placed in the parents’ care.
Therefore, the court can find “good cause” to grant emergency guardianship.
HOW LONG DOES EMERGENCY GUARDIANSHIP TAKE?
Your case’s facts determine how long it takes to get emergency guardianship.
Are your case’s facts compelling and severe? Do the parents clearly pose an immediate threat of harm to the child?
Next, how long it takes to get emergency guardianship depends on the county and judge. Does the caretaker (proposed guardian) live in a county with only one district court judge?
For example, are you requesting emergency guardianship in Rio Rancho, Sandoval County? Alternatively, are you requesting guardianship in Los Lunas or Belen?
Moreover, is the assigned judge extremely busy or unavailable?
In other words, it may take several days – or several weeks – to get emergency guardianship. The length of time depends on several key factors. These factors include the case’s facts and court’s availability.
These factors vary with each kinship guardianship case.
HOW LONG DOES KINSHIP GUARDIANSHIP LAST?
Temporary, emergency guardianship can last for 180 days. At times, the court can grant emergency guardianship without a hearing.
This emergency order can be entered through an ex parte order (i.e., without a hearing). In this situation, the order must be properly served on all necessary parties.
The necessary parties can include:
- Both parents;
- CYFD;
- Children 14 or older; or
- A person that has court ordered custody or visitation.
After service, an objection may be filed. If so, the court must schedule a hearing within 10 days.
When an objection is filed, the court usually appoints a Guardian Ad Litem (GAL). The GAL investigates the child’s best interests.
This investigation includes speaking with all parties involved. The GAL may also speak with close family members, counselors, teachers, or other third-party sources.
Moving forward, the GAL usually conducts a home visit.
Based on the uncovered information, the GAL makes recommendations regarding the child’s best interests. In other words, the GAL recommends whether guardianship should continue or end.
The GAL acts as the court’s arm. In this respect, the GAL gathers information that the court otherwise could not reveal through an evidentiary hearing/trial.
Accordingly, the GAL’s ultimate recommendations are highly influential.
HOW TO REVOKE/END GUARDIANSHIP IN NEW MEXICO
Are you wondering how to revoke or end kinship guardianship in Albuquerque, New Mexico? Unlike adoptions, guardianship does not permanently end the parent-child relationship.
In other words, even “permanent” guardianship is temporary in nature. This means that guardianship can be revoked at any point after it is granted.
With that said, parents must show that a big change in circumstances has occurred since guardianship was granted. Additionally, parents must show that the child is best served by guardianship ending.
Parents can revoke/end guardianship by filing a motion to revoke guardianship. This motion must include a proposed transition plan.
The motion to revoke can be granted if:
- The facts demonstrate that a major change in circumstances has occurred; and
- Child is best served by the proposed revocation.
A GAL usually becomes involved when one party objects to revoking/ending guardianship.
The GAL investigates the child’s best interests.
Ultimately, the GAL’s recommendations heavily influence the court’s final decision.
Watch this video for more information.
EMERGENCY GUARDIANSHIP ATTORNEY IN ALBUQUREQUE, NEW MEXICO
Do you still have questions about how to get emergency guardianship in Albuquerque, New Mexico? All kinship guardianship cases are different.
Your case’s unique facts impact the likelihood of getting emergency guardianship.
For over a decade, Sanchez has handled kinship guardianship cases across New Mexico. These guardianship cases have ranged from uncontested cases to highly contested and emotional cases.
Sanchez can help you establish or revoke/end guardianship. Call (505) SANCHEZ today.
