Do Parents Have Rights if Kinship Guardianship is Granted?

 

 

Are you wondering if parents have any rights if kinship guardianship is granted?  If so, like most legal questions, the answer depends.  You see, the answer depends on your specific case, facts, and kinship guardianship order.

 

TEMPORARY KINSHIP GUARDIANSHIP ORDERS & PARENTAL RIGHTS

 

First, is your guardianship order a temporary or permanent order?  Your order is likely a temporary order if:

• You have requested kinship guardianship; but
• The child’s parents are contesting the proposed guardianship.

In this situation, the court usually grants a temporary guardianship order.  Temporary guardianship orders usually last for 180 days, or until another order is entered.  During this time, the court will appoint a Guardian Ad Litem to investigate the facts and enter recommendations regarding the child’s best interests.

While the investigation is pending, the court may grant the child’s parents communication or visitation rights.

 

HOW LONG DOES PERMANENT GUARDIANSHIP LAST IN NEW MEXICO?

 

A temporary order usually lasts for 180 days.   On the other hand, a “permanent” guardianship order extends until it is formally revoked/ended.  Moreover, a kinship guardianship order grants caregivers’ full parental rights – other than the right to consent to the child’s adoption.

In some situations, the court may require the child’s parents to pay child support.

Depending on the case, the court may grant the child’s parents continuing visitation or communication rights.  Ultimately, whether a parent maintains any rights depends on the judge’s rulings regarding the child’s best interests.  In other words, the court will only maintain parental rights if doing so best serves the child.

Unlike adoption, with kinship guardianship, parental rights are not permanently terminated.  In this respect, the term “permanent” is a bit misleading.  You see, at any point the child’s parents can file a request to revoke kinship guardianship.  The child’s parent can request to revoke kinship guardianship when the parent:

• Files a motion to revoke;
• Attaches a transition plan to the motion;
• Shows that a major change in circumstances has occurred; and
• Proves that the child is best served by revoking guardianship.

 

CAN GUARDIANS MAINTAIN COMMUNICATION OR VISITAITON IF GUARDIANSHIP IS REVOKED?

 

Are you a guardian and wondering what happens if guardianship is revoked?  If so, New Mexico courts can grant ex-guardians communication and/or visitation rights when guardianship is terminated.  You see, NM courts have “continuing jurisdiction” over the parties and matter.

In other words, the court’s jurisdiction (power) over the case does not end when guardianship is revoked.  Accordingly, the court has continuing power to grant the ex-guardian communication or visitation rights.

Ultimately, the court’s decision is based on the child’s best interests.  The court’s decision regarding the child’s best interests is influenced by:

• Guardian Ad Litem Recommendations;
• Case history;
• Witness testimony;
• Counselor or Therapist Recommendations; and
• Any other factor that demonstrates the child’s best interests.

WHAT HAPPENS IF THE CHILD’S GUARDIAN OPPOSES MY MOTION TO REVOKE?

 

Are you a parent that wants to revoke kinship guardianship?  If so, is the guardian fighting your request to revoke guardianship?  In this situation, you need to file a motion to revoke.  Once the motion is filed, the court likely will appoint a GAL to complete an investigate regarding the child’s best interests.  In other words, the court wants to know if the child is best served by revoking guardianship.

Moving forward, the GAL completes an investigation surrounding the factors.  The GAL’s investigation often includes:

• Home visit;
• Speaking with parties and family members;
• Interviewing CYFD, counselors, or any other involved agencies; and
• Reviewing emails or any other important documents.

Once the GAL’s investigation is complete, the GAL submits a Report and Recommendations regarding the child’s best interests.  These Recommendations often include a transition plan and revocation date. If one party objects to the GAL’s Recommendations, the court sets a final hearing.  At this final hearing, the court hears from all relevant parties and makes a final decision regarding the child’s best interests.

 

KINSHIP GUARDIANSHIP ATTORNEY/LAWYER IN ALBUQUERQUE, NM

 

Do you still have questions about kinship guardianship and parental rights in New Mexico?  If so, your case deserves the eye and hand of an experienced guardianship attorney.  Rest easy, 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.