In this day and age we see more and more children being raised by adults other than traditional parents. Boyfriends, girlfriends, aunts, uncles and grandparents all offer opportunities to raise children outside the context of the parental structure. This situation often arises because parents are unwilling or unable to care for their children, which then results in a third party seeking custody over a child in order to protect the child from abuse or other bad situations.
In New Mexico we follow the parental rights doctrine, which means that the law presumes it is in the best interests of a child to remain in the custody of a biological parent. However, that presumption can be overcome through circumstances or use of other legal remedies. One such remedy is the Kinship Guardianship Act. This act provides a great and effective opportunity for a third party to obtain custody over a child. If certain legal requirements are met, such as having the child in your care for 90 days, then a third party has the opportunity to obtain custody over a parent. The Kinship Guardianship Act provides relief for children and adults alike without being held captive by a derelict and abusive parent. To learn more about your custody rights contact the custody experts at Justice Legal Group.