A. In a proceeding to appoint a guardian pursuant to the Kinship Guardianship Act, the court may appoint a guardian ad litem for the child upon the motion of a party or solely in the court's discretion. The court shall appoint a guardian ad litem if a parent of the child is participating in the proceeding and objects to the appointment requested.
B. In a proceeding in which a parent of the child has petitioned for the revocation of a guardianship established pursuant to the Kinship Guardianship Act and the guardian objects to the revocation, the court shall appoint a guardian ad litem.
C. The court may order all or some of the parties to a proceeding to pay a reasonable fee of a guardian ad litem. If all of the parties are indigent, the court may award a reasonable fee to the guardian ad litem to be paid out of funds of the court.
History: Laws 2001, ch. 167, ยง 9.
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.