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Fair & Aggressive Family Law Representation

Albuquerque Kinship Guardianship Attorney

Helping You Pursue Custody of a Relative’s Child: (505) 544-5126

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. Our Albuquerque family law attorneys will work dilligently and effectively to answer your questions and help you resolve any concerns involving kinship guardanship.

If you are thinking about applying for child custody or kinship guardianship, contact Cortez & Hoskovec, LLC at (505) 544-5126.

What is Kinship Guardianship?

Kinship guardianship establishes that there is a relationship between the adult and the child. Only the courts can issue guardianship to a non-parent. In the Petition for Guardianship, include grounds for guardianship, details on the bond with the child, and why it would be in the best interests of the child.

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.

The circumstances for kinship guardianship can be:

  • If the parent consents to the child living with the guardian
  • The parent of the child has had their parental rights to the child terminated
  • The child has resided with the guardian for at least 90 days
  • There is no guardian for the child.

How is Child Custody Decided in NM?

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 lawyers can help.

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