Kinship guardianship in New Mexico enables a child’s caregiver to assume parental rights and responsibilities. In doing so, the caregiver steps into parent’s shoes. Typically, kinship guardianship is granted when a child’s parents are unfit.
At times, the kinship guardianship process can be completed amicably. If so, the process can be completed with little court involvement. In other situations, a child’s parent contests the proposed guardianship. In this situation, the case may require:
- Litigation; and
- A Guardian Ad Litem (GAL) to become involved.
Let’s explore the kinship Guardianship process.
ESTABLISHING AND REVOKING KINSHIP GUARDIANSHIP
Kinship guardianship can be granted when:
- A child’s parents have consented, in writing, to guardianship;
- Parental rights have been terminated; or
- A child has lived with the proposed guardian, without the parent(s), for 90 days before the Petition is filed. Also, the biological parent(s) must be either unwilling or unable to care for the child.
On the other hand, guardianship can be revoked by filing the appropriate motion and transition plan. For more information on establishing and revoking kinship guardianship, click HERE.
CREATING THE STRONGEST CASE POSSIBLE
Do you want to create the strongest case possible? If so, consider how to get guardianship and win your case. Steps to create the strongest case include:
- Demonstrating stability and ability to care for the child;
- Have the child in your home for 90 consecutive days;
- Make sure that the child’s parents are not living in your home; and
- Speak to an experienced guardianship attorney.
Also, contested guardianship cases usually involve a Guardian Ad Litem (“GAL”). Therefore, it is important to understand how to work with your child’s GAL.
Following these steps will help you create the strongest guardianship case possible.
UNDERSTANDING GUARDIANSHIP VS. CUSTODY
Although similar, there are several differences between guardianship and custody. These differences include:
- Guardianship any caregiver over 21 that is bonded with the child; and
- Unlike custody, guardianship is temporary and can be revoked.
On the other hand, similarities include:
- Guardianship and custody both involve rights and duties;
- For instance, both involve the duty of child support;
- Moreover, custody and guardianship surround a child’s best interests.
Do you have questions about the difference between guardianship and custody? If so, click HERE.
FINDING THE BEST KINSHIP GUARDIANSHIP ATTORNEY/LAWYER
Kinship guardianship attorneys are not created equally.
You see, all guardianship lawyers do not have the same level of trial experience. Moreover, it’s important to hire an attorney that focuses on family law issues. Next, it’s essential to consult with an experienced guardianship attorney. For instance, you want a guardianship attorney that has the necessary trial experience to guide your case towards success. Finally, you need an attorney that understands how the GAL process can impact your case.
A skilled and successful guardianship attorney can help you prepare the best case possible.
WHAT IS KINSHIP GUARDIANSHIP IN ALBUQUERQUE, NEW MEXICO?
Are you still curious about kinship guardianship in Albuquerque, 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. Talk to a guardianship attorney that understands New Mexico law. Talk to (505) SANCHEZ.
