Are you wondering what will happen at your first kinship guardianship hearing? In New Mexico, the kinship guardianship act enables caregivers that are 21 or older to become a child’s legal guardian.
To be appointed as a child’s guardian, you must show:
- The parents agree to you being named guardian;
- Parental rights have been terminated; or
- The child has lived with you, without a parent, for 90 days before the case is opened; and
- The parents are currently unwilling or unable to care for the child, or there are extraordinary circumstances.
Can you demonstrate one of these elements, by clear and convincing evidence? If so, you have the legal ability to request kinship guardianship.
WHAT HAPPENS AT MY FIRST KINSHIP GUARDIANSHIP HEARING?
At your first hearing, your judge reviews the petition (request) to ensure that you can prove one of the elements above. In doing so, your judge ensures that she has jurisdiction (power) to hear the issue.
Also, your judge ensures that proper notice has been provided to the necessary parties. In other words, your judge makes certain that you have provided all parties with information about your request and notice of the hearing.
The initial hearing’s main purpose is to determine if you can show one of the elements above, by clear and convincing evidence. In this regard, can you show one of the elements above? If you can, will either parent appear and object to the proposed kinship guardianship?
if you cannot show one of the necessary elements above, then your judge will likely dismiss your case.
Conversely, when one of the elements can be shown — and no parent objects to guardianship — your judge will likely award kinship guardianship. On the other hand, if you can show one of the elements above – but a parent appears and objects to guardianship — then the judge should award temporary guardianship and appoint a Guardian Ad Litem (GAL) to become involved with your case.
HOW A GUARDIAN AD LITEM (GAL) IMPACTS YOUR CASE
According to New Mexico law, a GAL must become involved with your case when a parent objects to guardianship. In doing so, the GAL completes a thorough investigation surrounding the child’s best interests. Based on all the information that is uncovered, the GAL makes recommendations regarding the child’s best interests. These recommendations heavily influence the court’s ultimate decision.
As mentioned above, the court usually awards temporary guardianship, when a GAL becomes involved. temporary guardianship generally lasts for 180 days or less. At times, however, temporary guardianship can be extended.
Most importantly, temporary guardianship can transform into permanent guardianship, based on the GAL’s recommendations.
For more information on how to get guardianship in New Mexico and win your case, click here.
TOP BEST KINSHIP GUARDIANSHIP ATTORNEY/LAWYER IN ALBUQUERQUE, NM
Do you still have questions about establishing or revoking kinship guardianship in Albuquerque, New Mexico? Guardianship cases often require the seasoned hand and knowledge that comes with years of courtroom practice. 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. Talk to a guardianship attorney that knows what they are talking about. Talk to (505) SANCHEZ.
