In New Mexico, any adult related to a child that is endangered can take legal action to protect them. The most commonly used option is to obtain guardianship of the child. This process places the child in the custody of the adult family member. The following is a discussion of how these individuals can acquire guardianship through an attorney in Albuquerque, NM.
Presenting the Risk to Child Protective Services
The petitioner must provide evidence or report the risk to child protective services. They must explain the nature of the risk and how it is affecting the child. The most common of these risks are some form of child abuse, neglect, or an existing addiction. Once reported, the child protective services will take action.
The Findings of the Home Study and Assessment
The child protective services of the county will assign a caseworker for the case. They are required to visit the home of the child and assess the child as well as their parent. If the caseworker feels that the child is at risk, the child is removed from their home. The child is placed in the custody of the petitioner.
Securing Temporary Custody
If the caseworker’s findings support temporary displacement from home, they present their evidence to the judge. The petitioner must file a motion to obtain temporary custody and present the risk to the judge. The caseworker’s findings are used as the basis of the case. However, in some cases, law enforcement is involved, and the parent may face criminal charges after a full assessment of the child.
Officiating Guardianship of the Child
One year after temporary custody is awarded, the parent and the petitioner must attend a hearing. The hearing defines whether or not the risk still exists. If it does, the judge will officiate the award of permanent guardianship to the petitioner.
In New Mexico, adult family members can petition the court to protect minors who are endangered by their parents. These allegations are investigated by child protective services. The petitioner can acquire guardianship if a risk is present. Petitioners who want to acquire guardianship must contact an attorney in Albuquerque, NM through Carter & Valle Law Firm.
