Establishing and Revoking Kinship Guardianship in Albuquerque, New Mexico

ESTABLISHING AND REVOKING KINSHIP GUARDIANSHIP IN ALBUQUERQUE, NEW MEXICO

 

The Kinship Guardianship Act enables a child’s caregiver to temporarily assume parental rights and responsibilities for a child in one’s care.

Under the Kinship Guardianship Act, one may be appointed as a guardian when:

(1) The parent(s) of the child are living and have consented, in writing, to the appointment;

(2) All parental rights have been terminated or suspended; or

(3) A child has lived with the proposed guardian, without the parent(s), for 90 days immediately before the Petition is filed, and the biological parent(s) are currently unwilling or unable to care for the child.

A major hurdle with one being named as a child’s guardian involves adequate notice being provided to all of the necessary parties.  A copy of the Petition, and Notice of Hearing must be served upon:

1.   CYFD, if involved;
2.   Any child at issue that is 14 or older;
3.   The child’s parents;
4.   A person having custody of the child or visitation rights per court order; and
5.   Notice pursuant to the Federal Indian Child Welfare Act of 1978, for Indian children, as defined in the Federal Indian Child welfare Act of 1978.

 

REVOKING KINSHIP GUARDIANSHIP IN NEW MEXICO

 

Once guardianship is granted, the biological parents must take a sequence of specific and clearly defined steps in order to revoke the guardianship that grants the caregiver full parental rights. Any person, including a child who is now fourteen years old, can move the court to revoke the Kinship Guardianship, by taking these steps:

• Filing the appropriate Motion and attaching a transition plan that proposes how the child will be reintegrated into the home of a parent or new guardian;
• The court shall grant the motion, if it finds that a change in circumstances has occurred and the revocation is in    the child’s best interests.  In such a situation, the court will
• Adopt a transition plan proposed by a party or the guardian ad litem;
• Propose and adopt its own transition plan; or
• Order the parties to develop a transition plan by consensus if they will agree to do so.

See NMSA 1978, Section 40-10B-12.

In cases where a parent, or other party, moves to revoke guardianship, and the guardian objects to the revocation, the court shall appoint a Guardian ad Litem (“GAL”). See § 40-10B-9(B).

A GAL is an attorney that speaks on the child’s behalf, and makes recommendations regarding the child’s “best interests.”  Generally speaking, the GAL will conduct a thorough investigation of the parties, history, and facts – ultimately making recommendations on whether the proposed revocation of guardianship is in the child’s best interests.

 

(505) SANCHEZ IS HERE TO ANSWER YOUR QUESTIONS ABOUT ESTABLISHING OR REVOKING KINSHIP GUARDIANSHIP IN ALBUQUERQUE

 

Do you still have questions about establishing or revoking Kinship Guardianship in Albuquerque, New Mexico?  Guardianship cases often require the experience hand and knowledge that comes with years of courtroom practice.  Matthew Legan Sanchez has the experience needed to handle your unique guardianship case.  Sanchez can be reached by calling (505) SANCHEZ.