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Our Affirming Heart Victim Advocates Do Not offer Custody assistance
- Please see state resource options below

Kinship Guardianship

A kinship guardianship suspends most of the rights and duties of a child’s parents and transfers those rights and duties to another adult, who is called the “legal guardian.” There are some things the legal guardian cannot do, like agree to the child’s adoption or take over any parental rights or duties that a court orders the parents to keep.

Who can file for Kinship Guardianship?

An adult can file for Kinship Guardianship if they are one of these:

- The child's Kinship caregiver- an adult who is not the child's parent and the child has been living with them for at least 90 days immediately before filing the Kinship Guardianship case.

- A caregiver who is at least 21 years old, and the child has been living with them for 90 days immediately before filing the Kinship Guardianship case and the child has asked for them to be their legal guardian. This only applies if the child is at least 14 years old.

- A caregiver the child's parent as chosen in writing. If both parents consent, the child does not have to live with the caregiver for 90 days immediately before filing the Kinship Guardianship case.

 

There is a $132 fee when filing the Kinship Guardianship application. If you cannot afford to pay the fee, you may also complete a Free Process application to request that the court waive this fee. 

HELPFUL LINKS

Kinship Guardianship Packet

NM Courts Kinship Self Help Guide

Legal Aid Kinship Caregiver Guide

Application for Free Process

Question Help Resources

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Legal Resources for Elderly Program

The Senior Legal Helpline can be reached at

505-797-6005 or 1-800-876-6657

Monday through Friday from 8am to 5pm.

An Elderly Legal Workshop is also available via Live Virtual Webinars monthly. The workshops are free to the general public.

To register, click Here

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Civil Legal Helpline

The Modest Means Helpline can assist in civil legal matters including divorce, child custody, kinship guardianship, domestic violence.

The Modest Means Helpline’s staff attorneys provide legal advice by phone and may refer the case to pro bono attorneys.

Call Monday through Friday, 8am to 1pm MT at 505-797-6013 or 888-857-9935.

Custody

Access Available
New Mexico Courts Forms

Question Help Resources

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Civil Legal Helpline

The Modest Means Helpline can assist in civil legal matters including divorce, child custody, kinship guardianship, domestic violence.

The Modest Means Helpline’s staff attorneys provide legal advice by phone and may refer the case to pro bono attorneys.

Call Monday through Friday, 8am to 1pm MT at 505-797-6013 or 888-857-9935.

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Legal Teleclinics

To sign up, call 877-266-9861 or email LegalClinics@nmlegalaid.org

Spaces are limited. Clinic is first come, first served.

An attorney will call you between 1pm-4pm on the day of the clinic.

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