Life can take unexpected turns from time to time. You may have found yourself in a situation where you feel compelled to assume responsibility for a relative’s child. Whatever the circumstances, you care about the well-being and safety of the child. In this situation, it can be a confusing time for everyone involved.
If you are thinking about applying for child custody or kinship guardianship, contact Cortez & Hoskovec, LLC at (505) 544-5126 to speak to a guardianship custody lawyer in Albuquerque.
Kinship guardianship can be awarded to any person who is a relative of the child who has been caring for the child for a period of 90 days. This temporary assignment of guardianship can give the child stability during a time in that child’s life when so much is uncertain. The guardianship will allow the caregiver to obtain dental care and medical benefits for the child. It actually allows the caregiver to step into the shoes of the parent to obtain anything the child needs. The guardianship will remain in effect as long as the parties agree or until the biological parent can demonstrate to the court that he or she is willing and able to assume care and responsibility for the child. Sometimes this takes a period of months, in other cases, guardianship may be permanent.
Under the Kinship Guardianship Act of New Mexico, the parent is still the preferred caregiver for the child—provided they demonstrate they are willing and able. When the parent is found to be unstable and/or unwilling to care for the child, it is possible to apply for guardianship custody. Keep in mind that even if you are awarded guardianship or child custody, the parent can apply to have their guardianship reinstated. Whether you are applying for guardianship custody for the first time or defending it, or if you are fighting for your right to keep custody, our Albuquerque family law lawyers can help.
We can evaluate your case when you contact us at (505) 544-5126!