Kinship Guardianship

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Albuquerque Kinship Guardianship Lawyer

What Is Kinship Guardianship?

When a child’s parents are unable or unwilling to care for them, New Mexico law allows close family members and other qualifying persons to obtain legal and physical custody. This is referred to as “kinship guardianship.” Parents may consent to kinship guardianship. However, if they do not agree to it, the state’s courts must decide if parents are incapable of caring for a child before awarding custody to someone else. 

All matters involving kinship guardianship are sensitive. The outcomes of these cases can profoundly impact everyone involved, especially children. We recognize these intricacies at The Mulcahy Law Firm and provide affordable services that cater to them. 

If you are seeking guardianship of a child, believe a kinship guardianship order would violate your rights as a parent, or are trying to alter an existing order, we can help. Our firm features a skilled and highly experienced family law attorney who is more than just a representative. She is an advocate for New Mexico families navigating emotional and challenging legal matters. 

Find out how our Albuquerque kinship guardianship lawyer can serve you in a consultation. Call (505) 595-1430 or reach out online to schedule yours.

Our Commitment to You

Dedicated to Protecting Your Family's Future with Integrity and Care
  • Reliable Guidance Through Complex Issues
    From family law to estate planning, Rebecca navigates the complexities of New Mexico law with clarity and care, so you can focus on what matters most.
  • Client-Focused Approach
    At The Mulcahy Law Firm, you’re not just another case—you’re a priority. Rebecca is dedicated to building trust and achieving the best possible outcomes.
  • Decades of Legal Experience
    Backed by years of practice, Rebecca brings seasoned expertise to every case, offering clients confidence and peace of mind.
  • Personalized Legal Representation
    Rebecca Mulcahy provides attentive and customized legal solutions, ensuring every client’s unique needs are fully understood and addressed.

Who Is Eligible for Kinship Guardianship in New Mexico?  

Those who are eligible to petition courts for a kinship guardianship order include:

  • Adults who are not a child’s parent and have housed them for at least 90 days before filing
  • Caregivers over 21 who have lived with the child for at least 90 days before filing and whom they have requested to be their guardian (children must be older than 14 to make this request)
  • An adult who the child’s parents have chosen to be a kinship guardian (the 90-day filing rule does not apply in this case)

Filing for Kinship Guardianship 

To obtain kinship guardianship, you must file at the district court where the child or parent(s) reside. Once filed, the court will set a date for a hearing, typically between 30 and 90 days from filing. Additionally, you must arrange to serve notice of the filing to the child’s parent(s). You cannot serve this notice yourself. 

At the hearing, you will present evidence of why kinship guardianship would be in the child’s best interests. If parents do not consent to your petition, they can contest it.  

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Trusted by Families Across New Mexico
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The Rights of a Kinship Guardian

Guardianship does not sever all parental rights. Parents may retain visitation or consent to certain decisions in the child’s life, such as education, healthcare, and religious matters. Parents also have the right to seek termination of a kinship guardianship order if they can prove it is not in their child’s best interest. 

The rights and responsibilities of kinship guardians include:

  • The right to make day-to-day decisions for the child (e.g., health care)
  • The responsibility to provide food, shelter, clothing, and other necessities 
  • The right to receive public assistance benefits for the child 
  • The obligation to act in the best interests of the child

Modifying a Kinship Guardianship Order

When circumstances change, parents can seek to modify or revoke a kinship guardianship order. Kinship guardians themselves and children who are 14 or older may also request a modification or revocation. 

Similar to the creation of a kinship guardianship order, if a parent seeks to revoke a guardianship order and regain custody of their child, a Guardian ad Litem may be appointed if the kinship guardians do not agree to revoke the guardianship. 

Consult an Albuquerque Kinship Guardianship Lawyer About Your Case

When you turn to The Mulcahy Law Firm, you can count on sharing a common goal with our attorney and supporting team: wanting to do whatever is best for your loved ones. If you have questions about kinship guardianship, are interested in failing for or modifying an order, or have any related issue to settle, partnering with our firm is something you can do with confidence. 

Request a consultation at The Mulcahy Law Firm by calling (505) 595-1430 or contacting us online. We proudly serve families in Albuquerque and other areas across Bernalillo County. 

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