In a proceeding for appointment of a guardian pursuant to the Kinship Guardianship Act:
A. the court shall appoint a person nominated by a child who has reached his fourteenth birthday unless the court finds the nomination contrary to the best interests of the child; and
B. the court shall not appoint a person as guardian if a child who has reached his fourteenth birthday files a written objection in the proceeding before the person accepts appointment as guardian.
History: Laws 2001, ch. 167, ยง 11.
Structure 2021 New Mexico Statutes
Article 10B - Kinship Guardianship
Section 40-10B-1 - Short title.
Section 40-10B-3 - Definitions.
Section 40-10B-4 - Jurisdiction and venue.
Section 40-10B-5 - Petition; who may file; contents.
Section 40-10B-6 - Service of petition; notice; parties.
Section 40-10B-7 - Temporary guardianship pending hearing.
Section 40-10B-8 - Hearing; elements of proof; burden of proof; judgment; child support.
Section 40-10B-9 - Guardian ad litem; appointment.
Section 40-10B-10 - Guardian ad litem; powers and duties.
Section 40-10B-11 - Nomination objection by child.
Section 40-10B-12 - Revocation of guardianship.
Section 40-10B-13 - Rights and duties of guardian.
Section 40-10B-14 - Continuing jurisdiction of the court.
Section 40-10B-15 - Caregiver's authorization affidavit.
Section 40-10B-16 - Financial subsidies; eligibility.
Section 40-10B-17 - Financial subsidies; nonrecurring expenses.
Section 40-10B-18 - Guardianship assistance agreements.
Section 40-10B-19 - Successor guardians.
Section 40-10B-20 - Discontinuance of guardianship assistance payments.