Understanding the Kinship Guardianship Act

Kinship guardianship is a legal arrangement in which a family member or close relative becomes the legal guardian of a child in the place of the child’s parent. This arrangement is often made when the parent is unable to care for the child due to illness, death, or other extenuating circumstances.

In New Mexico, kinship guardianship is governed by the state’s Children’s Code. Under this code, a family member or close relative can petition the court to become the legal guardian of a child if they meet certain criteria.

To qualify as a kinship guardian in New Mexico, the petitioner must:

  1. Be at least 18 years old.
  2. Have a close and substantial relationship with the child.
  3. Be financially and emotionally capable of providing for the child.
  4. Have the ability to meet the child’s physical and emotional needs.

If the court determines that the petitioner meets these criteria, it will grant the petition for kinship guardianship. The guardian will then have the legal authority to make decisions on behalf of the child, including decisions related to education, healthcare, and other important matters.

There are several benefits to kinship guardianship for both the child and the guardian. For the child, it allows them to remain in the care of a familiar and trusted adult, which can provide a sense of stability and security. It can also help to maintain the child’s connection to their cultural and community ties.

For the guardian, kinship guardianship can provide a sense of purpose and fulfillment. It can also offer financial and emotional support, as the guardian may be entitled to receive financial assistance from the state to help cover the costs of caring for the child.

The law firm of Justice Legal Group in New Mexico can assist with the process of obtaining kinship guardianship. Their experienced attorneys can guide you through the legal process and represent you in court if necessary. If you are considering becoming a kinship guardian in New Mexico, you can contact Justice Legal Group at (505) 407-0573 for more information.

It’s important to note that kinship guardianship is not the same as adoption. In an adoption, the legal parent-child relationship between the adoptive parent and the child is permanently severed. In a kinship guardianship, the legal parent-child relationship remains, but the guardian is given the authority to make decisions on behalf of the child.

Kinship guardianship can be a valuable option for families in New Mexico who are seeking to provide a stable and loving home for a child in need. If you are considering becoming a kinship guardian, the attorneys at Justice Legal Group can help you navigate the legal process and protect your rights as a guardian. So, if you want to know more about kinship guardianship in New Mexico, you can contact the law firm of Justice Legal Group at (505) 407-0573 for more information.