A family friend was given temporary guardianship of my nephew. Can I intervene and get permanent guardianship of my nephew? I live in another state, but both biological parents are willing to allow me permanent guardianship. Will I need a lawyer in NM?
1 Answer from Attorneys
Lawyer answer is, "it depends". And it's tricky and heavily dependent on the facts, not the law, which is another way of saying maybe. Depends on the type of guardianship - was it a kinship guardianship (parental rights not terminated) or a temporary guardianship of a minor under the probate code (parental rights may or may not have been terminated). Taking the kids out of state will likely weigh against you but it can be done in the best interest of the children with permission of the court and transfer of jurisdiction to the other state. I strongly you suggest you contact and retain a NM attorney from the git-go. This is not something you want to handle on your own or on the internet. Go to https://www.nmbar.org/Nmstatebar/FindAnAttorney or call NM legal aid at https://www.newmexicolegalaid.org/ .