{"id":1092,"date":"2013-08-23T20:48:34","date_gmt":"2013-08-24T02:48:34","guid":{"rendered":"https:\/\/jaygoodman.com\/?p=1092"},"modified":"2021-12-28T14:19:25","modified_gmt":"2021-12-28T21:19:25","slug":"kinship-guardianship-in-new-mexico","status":"publish","type":"post","link":"https:\/\/jaygoodman.com\/?p=1092","title":{"rendered":"Kinship Guardianship in New Mexico"},"content":{"rendered":"

\"Kinship<\/a>We frequently receive inquiries from grandparents, aunts and uncles or other extended family who inquire about their ability to obtain guardianship of a minor child. \u00a0While the New Mexico Kinship Guardianship Act does provide legal authorization and a process for a relative to obtain a guardianship of a child of a relative, there are certain requirements that must be satisfied to successfully obtain guardianship. \u00a0We have provided an overview of the requirements imposed in this type of New Mexico Child Custody Dispute.<\/p>\n

The first point that must be kept in mind is that the right of parents to raise their own children as they see fit is a highly protected right under the U.S. Constitution. \u00a0The right to provide for the care and comfort of one\u2019s own children is considered a \u201cfundamental right\u201d so the government may only intervene and infringe on this right with a compelling reason and must not adversely impact the rights of parents beyond what is necessary to obtain this compelling state interest. \u00a0The public policy of New Mexico reflects these constitutional principles so it is presumed that it is in the best interest of children to be raised by their parents. \u00a0Nonetheless, courts do grant guardianships to relatives under the Kinship Guardianship Act under certain circumstances.<\/p>\n

Although the best interest of the child is the general standard for determining child custody disputes under New Mexico family law, this inquiry alone is not sufficient to trump parental rights protected by the Constitution. \u00a0The standard for obtaining a guardianship under the Kinship Guardianship Act requires that the moving party satisfy a two part inquiry. \u00a0The first prong of the test for guardianship under the act involves establishing at least one of the following:<\/p>\n