New Mexico § 40-10B-5 Petition; who may file; contents

New Mexico Statutes

§ 40-10B-5 — Petition; who may file; contents

New Mexico § 40-10B-5

Ch. 40Domestic Affairs

Art. 10BKinship Guardianship

This text of New Mexico § 40-10B-5 (Petition; who may file; contents) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 40-10B-5 (2026).

Text

A. A petition seeking the appointment of a guardian pursuant to the Kinship Guardianship Act may be filed only by:

(1)a kinship caregiver;

(2)a caregiver, who has reached the age of twenty-one, with whom no kinship with the child exists who has been nominated to be guardian of the child by the child, and the child has reached the age of fourteen;

(3)a caregiver designated formally or informally by a parent in writing if the designation indicates on its face that the parent signing understands:

(a)the purpose and effect of the guardianship;

(b)that the parent has the right to be served with the petition and notices of hearings in the action; and (c) that the parent may appear in court to contest the guardianship; or (4) a caregiver with whom the department has placed the child pursuant

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A. A petition seeking the appointment of a guardian pursuant to the Kinship Guardianship Act may be filed only by: (1) a kinship caregiver; (2) a caregiver, who has reached the age of twenty-one, with whom no kinship with the child exists who has been nominated to be guardian of the child by the child, and the child has reached the age of fourteen; (3) a caregiver designated formally or informally by a parent in writing if the designation indicates on its face that the parent signing understands: (a) the purpose and effect of the guardianship; (b) that the parent has the right to be served with the petition and notices of hearings in the action; and (c) that the parent may appear in court to contest the guardianship; or (4) a caregiver with whom the department has placed the child pursuant to the Children's Code. B. A petition seeking the appointment of a guardian shall be verified by the petitioner and allege the following with respect to the child: (1) facts that, if proved, will meet the requirements of Subsection B of Section 40-10B-8 NMSA 1978; (2) the date and place of birth of the child, if known, and if not known, the reason for the lack of knowledge; (3) the legal residence of the child and the place where the child resides, if different from the legal residence; (4) the name and address of the petitioner; (5) the kinship, if any, between the petitioner and the child; (6) the names and addresses of the parents of the child; (7) the names and addresses of persons having legal custody of the child; (8) the existence of any matters pending involving the custody of the child; (9) a statement that the petitioner agrees to accept the duties and responsibilities of guardianship; (10) the existence of any matters pending pursuant to the provisions of Chapter 32A, Article 4 NMSA 1978 and, if so, a statement that the department consents to the relief requested in the petition; (11) whether the child is an Indian child or there is reason to know that the child is an Indian child, and subject to provisions of the Indian Family Protection Act and, if so: (a) the Indian child's tribe; (b) the tribal affiliations of the Indian child's parents; and (c) active efforts made to comply with the notice requirements pursuant to the Indian Family Protection Act, including results of the contact and the names, addresses, titles and telephone numbers of the persons contacted. Copies of any correspondence with the Indian child's tribe shall be attached as exhibits to the petition; and (12) other facts in support of the guardianship sought.