2021 New Mexico Statutes
Chapter 40 - Domestic Affairs
Article 10B - Kinship Guardianship
Section 40-10B-12 - Revocation of guardianship.

Universal Citation: NM Stat § 40-10B-12 (2021)

A. Any person, including a child who has reached his fourteenth birthday, may move for revocation of a guardianship created pursuant to the Kinship Guardianship Act. The person requesting revocation shall attach to the motion a transition plan proposed to facilitate the reintegration of the child into the home of a parent or a new guardian. A transition plan shall take into consideration the child's age, development and any bond with the guardian.

B. If the court finds that a preponderance of the evidence proves a change in circumstances and the revocation is in the best interests of the child, it shall grant the motion and:

(1) adopt a transition plan proposed by a party or the guardian ad litem;

(2) propose and adopt its own transition plan; or

(3) order the parties to develop a transition plan by consensus if they will agree to do so.

History: Laws 2001, ch. 167, § 12.

ANNOTATIONS

Right of third party to file motion to revoke guardianship. — Where the petitioner, who was the child's aunt by marriage, filed a petition for custody of the child; the child lived with the child's grandmother; the child's mother consented to a kinship guardianship of the child to the grandmother; the court dismissed the petition on the basis of standing; during proceedings on petitioner's motion for reconsideration, petitioner expressed an intention to file a motion under 40-10B-12 NMSA 1978 of the Kinship Guardianship Act; and the court disallowed petitioner from filing the motion and warned petitioner that the court would consider the motion contemptuous of the court's prior order of dismissal, the court's prohibition was erroneous, because 40-10B-12 NMSA 1978 permits any person to file a motion to revoke a kinship guardianship. Vescio v. Wolf, 2009-NMCA-129, 147 N.M. 374, 223 P.3d 371.

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