The Kinship Guardianship Act and Its Impact on Children

The Kinship Guardianship Act is a tool that allows for a kinship caregiver to obtain custody of a child over biological parents. The importance of the statute cannot be overstated because NM recognizes the parental rights doctrine which essentially means that in order for a 3rd party to obtain custody over a biological parent the 3rd party must prove the biological parents as unfit. However, under this statutory scheme a 3rd party can gain custody over a biological parent if the biological parents are unwilling or unable to care for the child or if there are extraordinary circumstances.

As you can see from even reading this there are a host of arguments and concerns arising under the Kinship Guardianship Act. That is why no two cases are the same and the determination of custody under this statutory framework requires evaluation of the unique factors of each case. There are specific procedural steps to take under this statutory Act. Things like obtaining temporary guardianship, appointment of a GaL and parental appointments all are part of the framework that can impact on the custody of a child.

If you are faced with a situation where you are trying to obtain custody over a biological parent then it is best to speak to a custody expert. To speak to one of our custody experts email us at or call us at 505-880-8737.