A. After the filing of the petition, upon motion of the petitioner or a person required to be served pursuant to Subsection B of Section 6 of the Kinship Guardianship Act, or upon its own motion, the court may appoint a temporary guardian to serve for not more than one hundred eighty days or until the case is decided on the merits, whichever occurs first.
B. A motion for temporary guardianship shall be heard within twenty days of the date the motion is filed. The motion and notice of hearing shall be served on all persons required to be served pursuant to Subsection B of Section 6 of the Kinship Guardianship Act.
C. An order pursuant to Subsection A of this section may be entered ex parte upon good cause shown. If the order is entered ex parte, a copy of the order shall be served on the persons required to be served pursuant to Subsection B of Section 6 of the Kinship Guardianship Act. If a person files an objection to the order, the court immediately shall schedule a hearing to be held within ten days of the date the objection is filed. Notice of the hearing shall be given to the petitioner and all persons required to be served pursuant to Subsection B of Section 6 of the Kinship Guardianship Act.
History: Laws 2001, ch. 167, ยง 7.
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.