Legal Question in Family Law in New Mexico

I gave Kinship to the paternal grandparents. It was said that it was for six months only.. I now have a son who needs to be with me how do I go about revoking that kinship in order to get my children back with me? He is not yet of legal age to sign documentation but has stated he wants to be with me.. Please help where do I begin?

Asked on 2/08/17, 2:11 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

There are several questions of which I would like to know the answer before I give a full response. NM does have a document called a Probate Guardianship that is set to be effective for 6 months at a time (i.e., if you want the next 6 months it has to be renewed & signed again. A lot of people sometimes get the two confused). The first part of a Kinship Guardianship is set for 180 days or six months. That action requires someone to go to court to finish the action before the passage of the 6 months otherwise it dies at 6 months. The Kinship Guardianship is a formal court document that has the name of the court and the parties and it is signed by the judge and it has the initial order that is good for 6 months but then it has the 2nd order that is good beyond 6 months. The other document is not signed by a judge. So, I would like to know which document you have?

Your zip code says you are in Rio Rancho. Your paperwork should say which county the Kinship Guardianship was completed in and which county the court is in. Look at your paperwork (top left hand corner) to answer that question. There is a legal self help center in the district court in Rio Rancho and also over in Bernalillo County District Court. You can take your paperwork there and see a legal specialist type of person who can look at the paperwork for you and help answer these questions.

If you have a kinship guardianship then you will need to file a motion and go to court if the guardians will not rescind the guardianship. You can negotiated with them and you can have "EXTENDED" visitation with your son. The Kinship Guardianship law anticipates that type of Guardianship not being a permanent way of life. If you need an attorney - find one who practices Family Law in your area. They can help get you through this process.

Good Luck.

Law Guru

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Answered on 2/09/17, 6:39 am

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