Kinship Guardianship Albuquerque

Kinship guardianship, also known as kinship care, is a form of child protection, and can be a great option for family members — or in some cases, close friends — to take custody of a minor. However, there are many different requirements that must be met, and proven in New Mexico family court, in order to have your request approved by a judge. If you are planning to request custody of a child in your family because of concerns about their safety, contact us today to discuss the situation and your options. The court system (rightfully) puts an extensive burden of proof on the family member requesting custody, in order that they are positive the child is better off moving.

Take a look below to learn more about kinship care, and contact us today to speak with a qualified family lawyer in Albuquerque about the viability of your plans, and how we can help.

What Is Kinship Guardianship?

In some cases, members of a family may think that a child or children are not getting the proper care they need from their custodial parent(s). In these cases, family members such as grandparents, godparents, or even close family friends, may petition a court for kinship guardianship. If approved, the family member or close friend will take guardianship of the child.

How Can I Be Approved For Kinship Guardianship?

There are a series of things that need to be considered and addressed through this process:

Parents Have a Right To Raise Their Children

First and foremost, the New Mexico courts know and support the legal argument that a parent (or parents) have a right to raise their own children. With this as the foundational point of the entire process, you must be able to prove that the parents are unable to exercise this right while giving the child the care they deserve.

Children Have a Right To Safety and Support

While parents have the rights to raise their children, this right comes with the understanding that they must provide adequate support and safety to the child in their custody. This is the right that you will be focusing on when making your argument for taking custody.

It Must Be Proveable That The Circumstances Justify Kinship Guardianship

In order to prove that the child needs to be placed in a different home, you must be able to achieve the following:

The custodial parents consent to the change in custody; or
The parents have lost their rights to custody
The child (but not parents) have lived with the person requesting guardianship for at least 3 months

AND

The custodial parents are unable to provide the support necessary for the child
The person requesting guardianship is fit to take on the responsibilities of raising the child

Should I Apply For Kinship Guardianship?

This is a question that can only be answered with specific knowledge of your situation. If you believe that a child in your family is being mistreated, or is otherwise not receiving the necessary care from their parent(s), contact us today to discuss your options. The decision to seek kinship care is a very important, and oftentimes stressful, decision to make, but is extremely important when the safety of a child is at stake.

If you need the support of a family lawyer in Albuquerque in order to begin the process of requesting kinship guardianship, contact Legal Solutions of New Mexico today. During our initial consultation, we will be able to lay out the details of the situation and develop a greater understanding of how we will approach this sensitive legal procedure. The child’s safety is of the utmost importance to us, and we will identify any immediate decisions necessary in order to get the child protected from harm or abuse immediately while we are working through the request of guardianship. If you believe that the child is in imminent harm, contact the Albuquerque Police Department immediately.