Are you searching for a Kinship Guardianship attorney in Los Lunas/Belen? The Kinship Guardianship Act enables any qualified person in Los Lunas or Belen to be appointed as a child’s guardian, stepping into the parent’s shoes with rights and responsibilities over the child.
You can request guardianship over a child in Los Lunas/Belen when one of the following circumstances has occurred:
Do you live in Valencia or Cibola County? Are you caring for a child? Are you having problems with the child’s education, health care, or medical insurance because you have not been named as the child’s guardian in Cibola or Valencia County?
For over twelve years, Matthew Legan Sanchez has guided New Mexicans through the legal process involved with being named as a child’s guardian under the Kinship Guardianship Act, in Los Lunas/Belen.
Sanchez is here to guide your Los Lunas/Belen Kinship Guardianship case through Valencia County with Judge Allen R. Smith or Hearing Officer Geoff R. Nims.
Call (505) SANCHEZ to learn more about your unique situation and the Kinship Guardianship Act.
The Kinship Guardianship Act does the following:
Any adult with whom the child lives. The adult requesting guardianship is not required to be the child’s blood relative. The following caregivers may request guardianship:
You will file the Petition for Kinship Guardianship in the Family Court (i.e. Domestic Matters Court) in the jurisdiction where you live. For instance, Albuquerque residents will file the Petition for Kinship Guardianship with Second Judicial District Court. Rio Rancho residents would file the Petition with Thirteenth Judicial District Court.
To be appointed as a child’s Kinship Guardian you must prove:
The proposed guardian must prove the elements above by clear and convincing evidence. For Indian born children, the burden of proof is proof beyond a reasonable doubt. See §40-10B-8(C).
The assigned judge reviews the petition to ensure that the court has jurisdiction to hear the issue, and that proper notice has been served on the necessary parties. The judge then determines if the proposed guardian can prove the elements necessary to be appointed as the child’s kinship guardian. If the proposed guardian cannot meet the necessary elements, then the case will likely be dismissed. If the parents’ consent to the proposed guardianship, then the judge will likely name the proposed guardian as the child’s kinship guardian. If a parent appears and objects to the proposed guardianship then the judge must appoint a guardian ad litem (GAL) to conduct an investigation and make recommendations regarding the child’s best interests. When a GAL is involved, the court generally will grant the proposed guardian, temporary guardianship for a period of 180 days or less.
A kinship guardian has the legal rights and duties of a parent, except the right to consent to the child’s adoption. Additionally, the guardian does not have the parental rights and duties that the court orders for the parent to retain. For instance, the court may grant the parent visitation or communication with the child, if it is in the child’s best interests.
Yes. The court may order a parent to pay the costs of support and maintenance to the extent that the parent is financially able to pay. See § 40-10B-8(D).
If the child’s parent objects to the proposed guardianship, then the court must appoint a guardian ad litem (GAL) to represent the child’s “best interests.” See § 40-10B-9. The GAL acts as an arm of the court, and assists the court by representing the child’s best interests. The GAL acts as the child’s voice regarding the child’s best interests. The GAL will conduct an investigation to determine if it is in the child’s best interests for the proposed guardian to be appointed as the child’s kinship guardian. The judge will also determine how the GAL’s expense will be split between the parties.
When a child’s father is unknown, the proposed guardian can file a motion asking the court to waive the notice requirement. The proposed guardian may be required to prove the efforts that have been made to locate the child’s father. In situations where the father’s location is unknown, the assigned judge may require the proposed guardian to serve the father through publication, or by another means that informs father about the requested guardianship.
Parents maintain the right to visit and communicate with their child when the assigned judge finds that it is in the child’s best interests. The judge also determines if the parents should pay child support. Unlike adoption, under the Kinship Guardianship Act, a parent’s rights are not terminated. This means that parents can motion the court to revoke the kinship guardianship.
Kinship guardianship can be revoked by court order. Any person, including a child who has reached his or her 14th birthday, can motion the court to revoke kinship guardianship. See NMSA § 40-10B-12.
The person requesting to revoke the kinship guardianship must include in the motion a proposed transition plan that assists with the child’s reintegration into the parent or new guardian’s home.
If the court finds that a preponderance of the evidence proves a change in circumstances and the proposed revocation is in the child’s best interests, it shall grant the request to revoke, and:
The guardianship order appoints the proposed guardian as the minor’s guardian. This court order should outline the guardian’s rights and responsibilities. This order may grant the guardian:
The order may grant the child’s parent:
The order is also important as it proves to others (i.e. school and medical) that you have been appointed as the child’s legal guardian and have assumed parental rights.
Are both parents unable or unwilling to care for the child in your home in Los Lunas/Belen? The Kinship Guardianship Act allows qualified caregivers to be the child’s court appointed guardian. Do both parent’s agree to you being named as the child’s guardian? If so, then you can be named as the child’s uncontested guardian by filing the necessary legal documents.
Emotions and stress can run high with Kinship Guardianship cases in Los Lunas/Belen. Guardianship cases are especially stressful when a family member or loved opposes or denies the guardianship. You need an experienced Los Lunas/Belen family law attorney that handles Kinship Guardianship cases in Valencia County.
Are you seeking guardianship of a minor child in Los Lunas/Belen, NM? Do you want to revoke Kinship Guardianship in Los Lunas/Belen? Matthew Legan Sanchez is a Valencia and Cibola County Kinship Guardianship attorney with over a decade of Kinship Guardianship experience in NM.
Sanchez is a Los Lunas/Belen divorce, child custody, and guardianship attorney. Sanchez handles guardianship cases in Los Lunas and nearby cities such as Belen, Grants, Bosque Farms, Tome, Isleta, Jarales, and Peralta, in the state of New Mexico.