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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.
Whatever the reason, grandparent guardianship starts with filing a petition for temporary guardianship. You must be able to prove that neither parent of the child is willing or able to properly care for the child and that you have a close, personal relationship with that child.
An adult guardianship/conservatorship case begins when a petition is filed at the district court. If harm to the alleged incapacitated person may occur while waiting for the judge to hold a hearing on the petition, the judge may appoint a temporary guardian and/or a temporary conservator.
The Kinship Guardianship Act is intended to address those cases where a parent has left a child or children in the care of another for ninety consecutive days and that arrangement leaves the child or children without appropriate care, guidance or supervision.
Legal Guardians can be appointed by parents, Special Guardians or by the Court. They can only be appointed by someone who has parental responsibility for the children. A Legal Guardian cannot be appointed by a parent who is alive, as it is not possible to transfer parental responsibility to another person.
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Kinship guardianship forms are available on the New Mexico Supreme Court's website at https://nmsupremecourt.nmcourts.gov and on many district courts' websites. You can also check with your local district court to see if they offer a packet of forms for kinship guardianship.
What is Kinship Guardianship in New Mexico? When both parents are unable or unwilling to care for their child, New Mexico allows for a close family member or another qualifying person to take legal and physical custody. Kinship Guardianship may be granted by consent (i.e. both parents agree to the order).
Kinship guardianship forms are available on the New Mexico Supreme Court's website at https://nmsupremecourt.nmcourts.gov and on many district courts' websites. You can also check with your local district court to see if they offer a packet of forms for kinship guardianship.
Legal Guardians can be appointed by parents, Special Guardians or by the Court. They can only be appointed by someone who has parental responsibility for the children. A Legal Guardian cannot be appointed by a parent who is alive, as it is not possible to transfer parental responsibility to another person.
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.

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