Guardianship in New Mexico is the process of a caregiver assuming parental rights and responsibilities for a child. At times, judges refer to the child legal guardians as “guardian angels.” This description is particularly appropriate when family members or friends respond to emergency situations, providing children with a safe and stable home.
Guardianship is necessary in several situations. In some cases, the child’s parents are incarcerated. With other cases, the child’s parents have substance child abuse issues, domestic violence, or severe mental health issues.
In all scenarios, the child’s parents are unable to provide the child with appropriate care, safety, or maintenance.
LEGAL GUARDIANSHIP IN NEW MEXICO
Most cases are filed under the kinship guardianship act. The kinship act enables caregivers over 21 to become a child’s legal guardian. Caregivers can become a child’s legal guardian when.
- The parent(s) agree to you being named as the child guardian;
- Parental rights were terminated; or
- The child has lived with you, without a parent, for 90 days before the case is opened; and
- The parent(s) are unwilling or unable to properly care for the child, or severe circumstances are present.
Can you meet one of the requirements above? Great. You have the standing (power) to request parental rights and responsibilities for a child in your care.
ARE PARENTAL RIGHTS TERMINATED?
No. Kinship Guardianship is temporary. Accordingly, parental rights are only terminated while the order is effective. For instance, parental rights can be terminated through a Children’s Court abuse and neglect case. Also, parental rights are terminated through adoption.
A legal guardian assumes parental rights while kinship guardianship is effective. With that said, the court has power to grant parent(s) rights or abilities while the order is in place. These rights can include parental visitation, communication, or other court ordered rights.
Like most family law cases, the court’s decision focuses on the child’s best interests. In doing so, a Guardian Ad Litem (GAL) becomes involved when parents fight the process. When this happens, the GAL investigates the case facts and circumstances. Ultimately, the GAL determines if guardianship is in the child’s best interests.
ARE GUARDIANSHIP CASES ALWAYS CONTESTED?
No. In some situations, the child’s parents agree (consent) to kinship guardianship. In other cases, the child’s parents are out of the picture and cannot be located.
HOW TO REVOKE OR TERMINATE LEGAL GUARDIANSHIP IN NEW MEXICO
Legal Guardianship can be revoked when a major change occurs and kinship guardianship is no longer in child’s best interests. In this situation, a major change occurs enabling the parent to adequately care for the minor child.
Any person, including a 14-year-old child, can request to revoke kinship guardianship. The person requesting revocation must file a motion to revoke. In doing so, the person must attach a transition plan that establishes a plan for the child to adjust into the parent, or new guardian’s home.
Otherwise, the court order remains effective until the child turns 18, or until another court order is entered.
LEGAL KINSHIP GUARDIANSHIP IN NEW MEXICO — RIGHTS AND RESPONSIBILITIES
Legal kinship Guardians step into a parent’s shoes and assume parental rights and responsibilities. For instance, guardians have full parental rights and duties, other than the right to consent to the child’s adoption.
Additionally, legal guardians have the right to receive child support. Parents only retain rights that are court ordered.
HOW TO IMPROVE YOUR LEGAL GUARDIANSHIP CASE
Here are the top ways to improve your case:
- Ensure that the child is in your home for at least 90 days, without a parent, before opening your case.
- Eliminate any issue in your home that demonstrates an inability to care for the child.
- Provide a safe, sober, and safe home for the child.
FINDING THE BEST GUARDIANSHIP ATTORNEY OR LAWYER IN ALBUQUERQUE, NM
Do you still have questions about kinship guardianship in New Mexico? For over a decade, Matthew Legan Sanchez has handled guardianship cases all across New Mexico. Sanchez’s experience includes: Albuquerque, Belen/Los Lunas, Rio Rancho, Santa Fe, Socorro, and Taos. Speak with the best child guardian attorney. Speak with (505) SANCHEZ.
