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
What is Kinship Guardianship?
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.
We can evaluate your case when you contact us at (505) 544-5126!