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 diligently 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 Sandia Family Law 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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WHAT MAKES OUR FAMILY LAW FIRM STAND OUT IN ALBUQUERQUE
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Focused Strictly on Family Law Cases
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Over 20 Years of Combined Experience
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Truly I owe you a lot of gratitude. Then you so much for having my back and going to bat for me. Out of the 5 lawyers I have had in this case you (William) were the first who truly made me feel heard today.- C.L. -
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I appreciate your ability to help me see some of the inner workings of family law and the dynamics of the court system. It is difficult to find peace in proceedings such as divorce, but I find solace knowing I was represented by professionals such as you…- K.W. -
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I would like to extend my deepest gratitude in everything that you have done for me/us in attempting to gain custody of my granddaughter, Ghianna. Even though things didn't work out the way that I wanted to apparently some good has come out of all this and Ghianna has mentioned that her father has changed for the better. Again, million thanks to you and your firm for what you have done for all of us.- D. R. -
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Pamela was able to get my divorce done in just a few weeks despite a myriad of problems. Despite the problems, she was communicative and kept me abreast of everything during the process. I would definitely recommend Cortez and Hoskovec to anyone looking to get a divorce.- J.W. -
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