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NEW MEXICO GUARDIANSHIP LAWS ? TERMINATION OF GUARDIANSHIP Guardian cases, however, do not terminate parental rights. Because of this fact, a parent can motion the court to revoke guardianship, based on a major change in circumstances that affects the child's best interests.
Parents cannot voluntarily sign away parental rights. However, New Mexico can involuntarily terminate parental rights through an abuse and neglect case. An abuse and neglect case begins when CYFD opens an abuse or neglect case in Children's Court.
It may be the person who originally petitioned to be the guardian, or it may be someone else the judge decides is in the protected individual's best interest. What are the costs? The legal costs of obtaining guardianship can be approximately $6,000.
A guardian of a minor protected person has the powers and responsibilities of a parent regarding the protected person's support, care and education, but a guardian is not personally liable for the protected person's expenses and is not liable to third persons by reason of the relationship for acts of the protected ...
In order to be appointed as the legal guardian of a child you must file a petition with the court. If the child's parents agree you can have them sign a consent form and file it with the court, but you must still go through the court proceeding become the child's legal guardian.
A guardian appointed for a child pursuant to the Kinship Guardianship Act has the legal rights and duties of a parent except the right to consent to adoption of the child and except for parental rights and duties that the court orders retained by a parent.
Absent parent: If a parent has been absent for 6 months or more, the law allows the other, more responsible parent, to petition to terminate parental rights. Not just parents can terminate: in fact, anyone with an interest in the well-being of a child can attempt to terminate one or both parents' rights.