You may apply for a Family Guardianship (a family member or friend) OR a Professional (Corporate) Guardianship (a professional or corporation).Īfter choosing which type of guardian you are seeking, you will then complete the Financial Eligibility Calculator on the next page to determine if the Person Needing a Guardian is financially eligible for our guardianship services. You must first choose the type of guardian - someone appointed by a court to make personal and medical care decisions for the Person Needing a Guardian - you are seeking. We must first determine the financial eligibility of the Person Needing a Guardian. Here is what to expect when submitting your online application: (Both of these resources will open in separate windows and you can refer to them as you complete each page of the online application.) Please refer to the Checklists for Applications for Guardianship and our Definitions Page. We hope this webpage will make it easier for you to identify the documents and information we require, and then to use that information to complete an online application for our guardianship services. The Child Support Worksheet is required to be attached to the final papers when the Decree and other final documents are submitted to the judge for approval.Welcome to the Office of Guardianship’s online Application for Guardianship Services! The Guidelines and the Worksheets are part of the materials available so that the child support amount can be calculated. When the time-sharing (visitation) schedule with the child(ren) is know, then the amount of child support can be determined, based on the Child Support Guidelines which are part of the New Mexico Statutes. It may be done automatically by the judge in some cases. There are separate forms for you to prepare to get into the mediation or Court Clinic services. If you feel that joint custody will not work, or if you need help in determining time-sharing (visitation) arrangement or schedule, then you should ask the court for a referral to mediation or Court Clinic. The judge may not order 50-50 custody unless a counselor or psychologist recommends such an arrangement. Equal time-sharing is possible in joint custody, but other arrangements are possible as well. Joint custody DOES NOT necessarily mean equal time, where the children spend half their time with one parent and half their time with the other. school, doctor, dentist, activities in which the child participates), spend time with the children and are involved with them. Joint custody means that both parents make legal decisions (ie. New Mexico law assumes that “joint custody is best for children. The District Court of New Mexico has jurisdiction to determine custody if the child is less than six (6) months old and was born in New Mexico or, if older than six months, the child has lived in New Mexico for at least the past six months. The statutes that give the court “jurisdiction” (authority to do something) in cases where parents of children were not married are 40-11A-101 to 40-11A-903 NMSA 1978. This is done by filing a Petition to Establish Parentage, Determine Custody and Time-Sharing and Assess Child Support. In order to get child support or a custody and visitation order, unmarried parents must first establish paternity. A Parentage case (also known as a Paternity case) is a legal action filed by an unmarried mother or unmarried father to establish who is the legal father of a child(ren) and to define their legal responsibilities toward the child(ren).
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