FAQ

What is a Kinship Guardianship Order in New Mexico?

A kinship guardianship order finalizes the guardianship process. Also, the guardianship order names the proposed guardian as the minor child’s legal guardian. In other words, the kinship guardianship order is a legal document that grants the proposed guardians legal rights and responsibilities for a child.

WHAT RIGHTS DO KINSHIP GUARDIANS HAVE?

In New Mexico, guardians have full parental rights, other than the right to approve the child’s adoption. Legally, a guardian steps into the parent’s shoes and assumes legal rights and responsibilities. In most cases, the court will specifically outline the guardian’s rights and duties.

Additionally, in some cases, the court may limit the guardian’s rights. When this happens, the court may also grant the child’s parents continuing rights.

The guardianship order may also award:

Guardianship until the minor child reaches eighteen, or subsequent court order;
The guardian full legal rights and duties, excluding the right to approve the child’s adoption;
Suspend parental rights until subsequent order; or
Child support.

As mentioned, the order may also reserve some parental rights, including:

Court ordered communication and/or visitation with the child; or
Any rights that are in the child’s best interests.

The kinship guardianship order is important because it shows that a guardian has legal rights and responsibilities for a child. For instance, the order is often used for medical or educational purposes – when a guardian needs to demonstrate legal rights.

WHAT’S THE DIFFERENCE BETWEEN A TEMPORARY AND PERMANENT GUARDIANSHIP ORDER?

Temporary guardianship is usually awarded when a caregiver has the legal ability to request guardianship – but a parent appears and contests the guardianship. In this situation, the court can grant temporary guardianship. In doing so, the temporary guardianship usually lasts for 180 days, or until a final decision is made.

While temporary guardianship is pending, a Guardian Ad Litem (GAL) usually is appointed. The GAL is an attorney that helps the court determine the represents the child’s best interests. To complete this task, the GAL conducts a thorough investigation surrounding the child’s best interests. The GAL’s investigation often includes:

Home visit;
Speaking with all parties;
Interviewing the child’s therapist or counselor;
Reviewing any important communications or documents; and
Investigating any sources that help determine the child’s best interests.

Once finished, the GAL completes a Report and then files Recommendations.

Once the GAL’s investigation is complete, if either side objects, the court holds a final hearing. At this final hearing, the court determines if a child is best served by the temporary guardianship being extended. If so, the court awards guardianship.

WHEN CAN A PARENT MODIFY OR REVOKE KINSHIP GUARDIANSHIP?

Like most family law issues, guardianship can be modified or revoked when there is a major change in circumstances. For instance, a parent can file a motion to revoke guardianship when:

A big change in circumstances occurs that shows:
The parent can provide the child with adequate care, safety, and maintenance; and
The child is best served by revoking guardianship.

Legally, parents can revoke guardianship by filing a Motion to Revoke Kinship Guardianship. In doing so, the motion must include:

Facts demonstrating that a major change in circumstances has occurred;
Revocation is in the child’s best interests; and
A transition plan to help the child reintegrate into the parent’s home.

Are you attempting to revoke kinship guardianship? If so, is a Guardian Ad Litem involved? In this scenario, the GAL needs to investigate the child’s best interests. Like the process of appointing guardianship, the GAL needs to complete an investigation and submit a Report and Recommendations. Once complete, the court then holds a hearing to determine the child’s best interests. In other words, the court will determine if the evidence demonstrates that the child is best served by revoking guardianship.

FINDING THE BEST KINSHIP GUARDIANSHIP ATTORNEY/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 an experienced guardianship attorney. Speak with (505) SANCHEZ.