Compress Legal New Mexico Minors Forms For Free

To request temporary or permanent guardianship of a minor in New Mexico, an individual must first submit a petition for guardianship with the district court. From there, the prospective guardian will need to undergo rigorous investigation and will be required to testify in front of the court.

What is Kinship Guardianship? A kinship caregiver is defined as any individual who is a relative, godparent, member of a child's tribe or clan, or an adult with a significant bond (fictive kin) who are raising a child or youth because the biological parents are not able or unwilling to do so.

We recommend that you consider completing a Power of Attorney (POA) for the healthcare of your children or any incapacitated person that you care for. In New Mexico, health care providers need the consent of a parent or legal guardian of a minor or incapacitated person for most non-emergent health care.

New Mexico courts decide custody based on the ?best interests of the child." This is the same standard as most states. What's different in New Mexico is at 14 years old, a court considers the desires of the minor rather than determining custody based on the best interest standard.

The POA must be signed in the presence of a notary public to be valid. New Mexico law does not require a POA to be witnessed, but witnesses may strengthen the validity of the document if it is challenged.

In order to be appointed as the legal guardian of a child you must file a petition with the court. If the child's parents agree you can have them sign a consent form and file it with the court, but you must still go through the court proceeding become the child's legal guardian.