Kinship Guardianship - Self-Representation

Overview

Several laws affect a child’s guardianship in New Mexico. This page is about guardianship under the New Mexico Kinship Guardianship Act, which is found in Sections 40-10B-1 through 40-10B-15 of the NMSA 1978.

Since there are other laws governing the care of a child, you may wish to talk to a lawyer to ensure that this is the correct procedure for your situation.

Additional Information

What is Kinship Guardianship?

When a parent has left a child in the care of an adult who is not the child’s parent, that adult can ask the court to create a legal relationship between them and the child. This is called kinship guardianship.

A kinship guardianship suspends most of the rights and duties of a child’s parents and transfers those rights and responsibilities to another adult called a “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. To learn more, please visit: Section 40-10B-13 NMSA 1978.

Who Can File a Kinship Guardian Case?

An adult can file a kinship guardianship case if they are one of these:

The child’s kinship caregiver is 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 them to be their legal guardian. This only applies if the child is at least 14 years old.
A caregiver that the child’s parent has 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.

To learn more about who can file a petition, please visit: Section 40-10B-5 NMSA 1978

Kinship Guardianship Checklist

This checklist will help you take the proper steps to begin the kinship guardianship process.

Step 1: Fill out the forms. Choose the forms below that fit your situation.

Step 2: File the forms. Take the original and three copies of all documents to the clerk’s office for filing. Check with your local district court for the filing fee. You can also ask the court clerk about having the filing fee, or part of the fee, waived. The court keeps the originals, stamps the copies, and gives them back to you. One copy is for you and one copy is for each parent.

Step 3: Serve your court papers. Each parent must receive a copy of your court papers, which is called “serving” them. For more information about serving kinship guardianship papers, read Section 40-10B-6 NMSA 1978. Even if you do not know where to find one or both of the parents, you still have to serve them with your court papers. You may have to ask the court for permission to publish a notice in the newspaper. Please read Rule 1-004 NMRA for more details. It is important to remember that you do not serve these court papers to each parent; your job is to arrange for someone else to do this for you.

Step 4: Go to your hearing. You will receive a notice with your court date in the mail. Bring any documents that support your case. If you have any witnesses, make sure they come.

Frequently Asked Questions (FAQ)

How Do I Become a Kinship Guardian?

To become a child’s legal guardian, you must file a court case for kinship guardianship in the district court where the child lives or where the parent(s) live. To find the required Kinship Guardianship forms, please use this link: Kinship Guardianship Forms. You can also check with your local district court to see if they offer a packet of forms for kinship guardianship.

How Long Before I Get A Hearing?

How Can I Get Guardianship Right Away?

Under certain circumstances, you may be able to file for guardianship on an emergency basis. Once you file the petition for guardianship, you can file for temporary guardianship. The judge may grant the motion for temporary guardianship with or without a hearing. The forms used to become a temporary guardian include the Motion to Appoint Temporary Kinship Guardian(s) and the Order Appointing Temporary Kinship Guardians.

I’ve Been Given a Petition for Kinship Guardianship. Can I Talk to the Judge?

You cannot talk to the judge until you go to the court hearing, but you can file a Response to the Petition within 30 days after service of the Petition. No New Mexico Supreme Court-approved form is available for a response to a kinship guardianship petition. You can answer each paragraph in the petition. Check with your local district court to see if they offer a form.

If you do not file a response within the 30 days, a “Judgment by Default” may be entered against you. To learn more about this, please see Rule 1-055.

Can I Cancel The Kinship Guardianship?

Cancelling the guardianship is called “revoking” the guardianship. You will have to prove to the judge that circumstances have changed and that revoking the guardianship is in the child’s best interests. If you believe it is time to revoke guardianship, use this form: Motion to Revoke Kinship Guardianship.

Courts may also require a form to ask for a court date called a “request for hearing.” Check with your local district court for more information on this step.

You must serve your motion on the guardians and the other parent. You do not serve these court papers; your job is to arrange for someone else to do this for you.

What are Letters of Guardianship?

After the Court sends you a file-stamped copy of the Order Appointing Kinship Guardian(s), you must take a file-stamped copy of this order along with Form 4A-516 Letters of Guardianship to the clerk’s office to be issued by the district court clerk. Pre-fill the case caption information on the Letters of Guardianship form and take the original and two (2) copies to the district court clerk’s office to have the form issued. The district court clerk will keep one (1) Letters of Guardianship and return the other two (2) issued forms to you.

Forms & Videos

Kinship Guardianship Forms & Videos

Kinship Guardianship and the New Mexico Kinship Guardianship Act

Information guide on the who, what, when, where, how, and why in regards to Kinship Guardianship.

Reclamo sobre tutor o curador

Reclamo Sobre Tutor, Curador, O Representante Del Beneficiario

Transcript for Video 7: How to Complete the Conservator’s Report

Transcript for Video 6: How to Complete the Conservator’s Inventory

Transcript for Video 5: Overview of the Conservator’s Report and Bonding Requirements

Transcript for Video 4: Conservator Orientation

Transcript for Video 10: How to File a Grievance

Transcript for Video 9: Abuse and Neglect

Transcript for Video 3: How to Complete the Guardian’s Report

Transcript for Video 2: Guardian Orientation

Transcript for Video 1: Introduction, Guardian and Conservator Orientation Program

Senate Bill 35

Sealed. Confidential Information

Senate Bill 395

Senate Bill 19

House Bill 234 (Kinship/Guardianship)

4A-503. Notice of pendency of action. (4A-503. Aviso de pendencia de acción.) (bilingues)

This form is used with 4A-502. It is what will be put in the newspaper.

4A-502. Motion for service by publication. (4A-502. Pedimento para notificación por publicación.) (bilingues)

This is a request to the judge to let a parent know in the newspaper that a family member is asking to become a legal guardian because they cannot find the parent.

4A-511. Order appointing kinship guardian(s). (4A-511. Orden de nombramiento de tutor/es por parentesco.) (bilingues)

This is an order from a judge allowing someone to become a permanent legal guardian of a minor child.

4A-504. Order for service of process by publication in a newspaper. (4A-504. Orden de notificación del proceso por publicación en un periódico.) (bilingues)

This is a draft order to ask the judge to let a parent know in the newspaper that a family member is asking to become a legal guardian because they cannot find the parent.

4A-505. Parental consent to appointment of kinship guardian and waiver of service of process. (4A-505. Consentimiento parental para el nombramiento de un tutor por parentesco y renuncia a la notificación del proceso.) (bilingues)

Use this form if the biological parent agrees with having a new legal guardian for the minor child.

4A-513. Order revoking kinship guardianship. (4A-513. Orden de revocación de la tutela por parentesco) (bilingues)

This is an order from a judge to remove legal guardianship from a child that has been given a legal guardian.

4A-512. Motion to revoke kinship guardianship. (4A-512. Pedimento para revocar la tutela por parentesco.) (bilingues)

This is a request made to the judge to remove legal guardianship from a child that has been given a legal guardian.

4A-510. Order appointing temporary kinship guardian(s). (4A-510. Orden de nombramiento de tutor/es temporal/es por parentesco.) (bilingues)

This is a request to the judge for someone to become a temporary legal guardian of a minor child.

4A-509. Motion to appoint temporary kinship guardian(s). (4A-509. Pedimento para el nombramiento de tutor/es temporal/es por parentesco.) (bilingues)

This is a request to the judge for someone to become a temporary legal guardian of a minor child.

4A-508. Ex parte order appointing temporary kinship guardian(s). (4A-508. Orden de nombramiento de tutor/es temporal/es por parentesco a petición de una parte.) (bilingues)

This is an order from a judge allowing someone to become a temporary legal guardian of a minor child without the parent.

4A-507. Ex parte motion to appoint temporary kinship guardian(s). (4A-507. Pedimento para el nombramiento de tutor/es temporal/es por parentesco a petición de una parte.) (bilingues)

This is a request to the judge for someone to become a temporary legal guardian of a minor child without the parent.

4A-506. Nomination of kinship guardian(s). (4A-506. Nominación de tutor/es por parentesco.) (bilingues)

Use this form if a child over 14 wants to request who their legal guardian is.

4A-501. Petition to appoint kinship guardians. (4A-501. Petición de nombramiento de tutores por parentesco.) (bilingues)

This is used when a family member or caregiver wants to be a legal guardian of a minor child.

4A-514. Department consent to appointment of kinship guardian and waiver of service of process. (Formulario 4A-514. Consentimiento del Departamento para el nombramiento de un tutor por parentesco y renuncia a notificaciones.) (bilingues)

This states that a child welfare department has approved of the legal guardian relationship.

4A-515. Order appointing guardian ad litem.

This is an order from a judge that appoints an individual to represent the best interests of a child during this case.

4A-516. Letters of guardianship. (4A-516. Cartas de tutela.) (bilingues)

The judge creates these documents. These documents serve as proof that the guardian can make decisions for the child.

4A-517. Kinship guardianship information sheet. (4A-517. Hoja de información sobre la tutela por parentesco.) (bilingues)

This is used to give the judge information on the legal guardian.

4A-517. Kinship guardianship information sheet.

This is used to give the judge information on the legal guardian.

4A-516. Letters of guardianship.

The judge creates these documents. These documents serve as proof that the guardian can make decisions for the child.

4A-515. Order appointing guardian ad litem. (COUNTY OF BERNALILLO SECOND JUDICIAL DISTRICT)

4A-514. Department consent to appointment of kinship guardian and waiver of service of process.

This states that a state or child welfare department has approved of the legal guardian relationship.

Kinship Guardianship (Diné)

40-10B-15. Caregiver’s Authorization Affidavit. (bilingues)

4A-505. Parental consent to appointment of kinship guardian and waiver of service of process.

Use this form if the biological parent agrees with having a new legal guardian for the minor child.

4A-503. Notice of pendency of action.

This form is used with 4A-502. It is what will be put in the newspaper.

4A-502. Motion for service by publication.

This is a request to the judge to let a parent know in the newspaper that a family member is asking to become a legal guardian because they cannot find the parent.

4A-501. Petition to appoint kinship guardians.

This is used when a family member or caregiver wants to be a legal guardian of a minor child.

40-10B-15. Caregiver’s Authorization Affidavit.

4-111. Notice of hearing. (District)

This informs the parties that a hearing has been scheduled before a judge. This is used only in district courts.

Contact Information

To reach New Mexico Courts Customer Service, please call: 855-268-7804.

To reach or visit the closest self-help center to you, please view Self-Representation by Court District.

Last updated: 8/1/2025