New Mexico  |  Family Law

Legal Question

Asked on: 10/10/13, 8:48 pm

How can an order suspending periods of responsibility for a child guardianship case be be ordered by a judge without the respondent being in court, or even notified about the preceding? And what exactly is a "MOTION FOR EX PARTE APPOINTMENT OF TEMPORARY GUARDIAN"? And how can this be granted without the respondent being involved, and or notified in advance?

1 Answer

Answered on: 10/14/13, 11:52 am by George Chandler

Your question does not give me sufficient information. Are we talking here about a kinship guardianship (chapter 40) or a standard (chapter 45) guardianship?

The motion you describe is on its face (i.e., the title) a motion for the judge to appoint a temporary guardian without the other party (apparently you) being present. that's the "ex parte" part - a one-sided hearing. This is allowed in emergency situations generally where the other party cannot be located quickly. Both chapter 45 and kinship guardianship statute provide for temporary guardians. Chapter 45 guardians may be removed by the court for various reasons and any interested person can petition the court for such removal. Kinship guardians can be removed by the court - generally when a parent petitions to have the guardianship revoked, but others can petition for removal as well.

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George Chandler Law 1208 9th Street Los Alamos, NM 87544

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