Sometimes parents need to turn over guardianship temporarily to another adult they trust. Often, this includes grandparents or another relative, but sometimes may be a friend of the family. When this happens, it is important to obtain proper legal documentation to reflect this change and protect your relationship with your child.

Steps to establishing temporary guardianship in New Mexico include:

Hiring an Attorney
It is best to hire an attorney who can ensure that your paperwork is filed correctly and your guardianship moves forward in a timely manner. Our family law attorneys can help you understand the nuances of your case and work to ensure your guardianship is granted quickly.

Completing Forms
If you are the parent consenting to the guardianship, you will need to complete a Parental Consent Form.  If you are a relative or other caregiver who is seeking temporary guardianship, you will need to complete a Petition for Appointment of Guardian form. Filling out these forms and following the Court’s rules for temporary guardianship is complicated. For that reason, you should contact an experienced family law attorney to assist you throughout the process.

Filing Your Forms
You will file your temporary guardianship form with the Family Court in the county or jurisdiction where the child lives. There will be a filing fee. Once filed, you’ll receive a case number and a copy of the petition. Make a few copies for your records. The Parental Consent Form can be filed at the same time the Petition for Appointment of Temporary Guardian is filed.

Attending a Court Hearing
To become a guardian, an order must be entered granting you guardianship of the child or children.  If the parents do not consent, you must attend a court hearing. If a judge decides that you are entitled to temporary guardianship, you will be granted guardianship for a specific period of time. If the parents do consent to the guardianship, the parents and the guardians can enter into a Stipulated Order Appointing Temporary Guardian. This means there is no requirement to attend a court hearing.

Temporary guardianships are only in effect for a set period of time, while permanent or ongoing guardianships continue indefinitely. As certified family law specialists, our attorneys can help you understand the differences between temporary and permanent or ongoing guardianship and advise you of your guardian rights.

Filing temporary guardianship forms in New Mexico is complex, but the family law attorneys at Terry & deGraauw, P.C., can help ensure the guardianship is filed in a timely manner and is established for a specific period of time


The Court will not accept non-complying forms, so it is important to have an experienced attorney at your side throughout the process. Learn more about the process for obtaining temporary guardianship in New Mexico by calling the Albuquerque family law attorneys at Terry & deGraauw, P.C. Contact us to schedule an initial consultation.