Finding the best kinship guardianship attorney/lawyer for your case will take some effort. Whether asking around, or searching the internet, searching for an experienced guardianship attorney can be a straining experience.
Here are some steps that you should take when trying to find the best guardianship lawyer in Albuquerque, NM.
Kinship guardianship cases often overlap with parentage and custody cases. Moreover, guardianship cases usually are filed in family court (i.e. DM court). Because of these facts, it is important to hire an experienced family law attorney/lawyer.
An experienced family law attorney will better understand the family court’s policies and procedures. Accordingly, an experienced family law attorney is better equipped to help you navigate the stressful process of filing, appearing in court, and being granted guardianship.
An experienced family law attorney has the practice necessary to spot potential issues. In doing so, an experienced lawyer can guide you towards creating the strongest case possible. This knowledge and ability enable you to present your best case and increases the likelihood of guardianship being granted.
In short, experience matters.
It’s always best practice to consult with an experienced kinship guardianship attorney/lawyer before requesting guardianship. An experienced guardianship attorney can explain the legal process. Additionally, a seasoned attorney can spot holes in your case that could lead to the requested guardianship being denied. Additionally, it is important to understand New Mexico’s guardianship law. For more information on New Mexico’s kinship guardianship act, click here.
Moral of the story: prepare for success by speaking with an experienced attorney.
All guardianship cases are not created equally. For instance, some guardianship cases have stronger facts than others. On one hand, your case may involve facts that easily show that the child’s parents are not fit to care for the child. For any number of reasons, the child’s parents may be incapacitated and unable to properly care for the child.
On the other hand, possibly your case’s facts fall somewhere in the middle. For example, possibly a child is in your care, but the parent’s do not pose an immediate threat of danger to the child. Additionally, maybe the child has been living in your home – with the parents – for less than 90 days.
Depending on your case’s facts, the best practice may be to wait to file. Because of this fact, it is always best to speak with an experienced kinship guardianship attorney. Speaking with an experienced attorney will help you to better understand NM law and how to win guardianship over the child in your home.
Assuming that the law is on your side, a Guardian Ad Litem (“GAL”) must become involved with contested guardianship cases. In other words, if the child’s parents contest the proposed guardianship, a GAL must become involved.
The appointed GAL will complete a thorough investigation. In doing so, the GAL will determine if the proposed guardianship is in the child’s best interests. The GAL acts as the “arm of the court.” In other words, the GAL acts as the court’s eyes and ears. In doing so, the GAL speaks with people that otherwise could not testify. Additionally, the GAL can conduct a home visit that is not possible in a trial setting. Because of these abilities, your GAL’s decision will heavily influence the judge’s final decision.
Taking these facts into consideration, it is a bad strategy to battle your GAL. In other words, it is in your best interests to develop a positive relationship with your GAL. To do so, it is important to understand how to work with your child’s GAL.
The steps above will help you to establish the best guardianship case possible. Following these steps will increase the chances of guardianship being granted.
Now that you have a case, you need the best kinship guardianship attorney that you can find.
Look no further.
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. Sanchez can be reached by calling (505) SANCHEZ.