Family Law
Kinship Guardianship Attorneys
Securing legal authority for grandparents, aunts, uncles, siblings, and step-parents to care for children when biological parents cannot.
When a relative steps in to raise a child
Kinship guardianship gives a non-parent — most often a grandparent, aunt, uncle, sibling, or step-parent — the legal authority to make decisions for a child whose biological parents are unable or unwilling to do so. It is one of the most important legal tools available to families who are quietly raising children outside of state involvement.
Eligibility under New Mexico's kinship guardianship law
New Mexico's Kinship Guardianship Act sets specific eligibility requirements, including how long the child must have lived with the proposed guardian and the circumstances under which a parent's consent is required. We walk families through these requirements and help them assemble the evidence the court needs.
Authority that comes with a guardianship
“Once a kinship guardianship is granted, the guardian can enroll the child in school, consent to medical care, apply for benefits, and make the day-to-day decisions a parent would make.”
Once a kinship guardianship is granted, the guardian can enroll the child in school, consent to medical care, apply for benefits, and make the day-to-day decisions a parent would make. That authority is essential to the stability of the child's life.
Contested kinship cases
Kinship guardianship cases are not always uncontested. Sometimes a parent objects, or two relatives disagree about who should be appointed. We have the trial experience to handle these contested cases without losing sight of the child's stability.
Modifying or terminating a guardianship
Kinship guardianships can be modified or terminated if circumstances change — for example, when a parent has resolved the issues that led to the guardianship and is ready to resume parenting. We represent guardians and parents in those proceedings.
Coordination with adoption and custody
“Sometimes a kinship guardianship eventually leads to a relative adoption.”
Sometimes a kinship guardianship eventually leads to a relative adoption. Other times, a custody case is the better tool from the start. Because our firm handles both kinship and adoption cases, we can give families an honest comparison of their options.